Contract - Costa Mesa, City of - 1993-12-09 AGREEMENT
This Agreement made and entered into this fa- day of
, 1993, by and between the CITY OF COSTA MESA, a municipal
corporation ("CITY") and the COSTA MESA SANITARY DISTRICT, a 1923
District Act agency ("DISTRICT") ;
RECITALS:
WHEREAS, CITY and DISTRICT entered into an agreement on
December 19, 1955, relating to solid and liquid waste disposal.
Said agreement was amended July 3, 1978, and again on July 7, 1986;
and
WHEREAS, the parties hereto desire to rewrite said agreement
and amendments to more fully conform to the present relationship
between the parties; and
WHEREAS, the parties hereto desire to set forth their rights
and obligations in connection therewith;
WHEREAS, California Government Code § 6500 provides that two
or more public agencies may by agreement jointly exe. cise any power
common to the contracting parties; and
WHEREAS, the CITY and DISTRICT have and possess the power and
authorizations to finance, acquire, maintain and operate a public
sewer and solid and liquid waste collection system for their
respective jurisdictions; and
WHEREAS, the CITY and DISTRICT have determined, by their
separate resolutions, that this Agreement is beneficial to the
residents of the CITY and DISTRICT.
NOW, THEREFORE, for and in consideration of the covenants
contained herein, the parties agree as follows:
1. PRIOR AGREEMENTS
1.01 The agreement of December 19, 1955, and its
amendments of July 3, 1978, and July 7, 1986, are, upon execution
of this Agreement by both parties, deemed to be superseded by this
Agreement.
1.02 The purpose of this Agreement is to establish
the rights, powers and duties of the CITY and DISTRICT concerning
the public sewer and solid, liquid waste collection system within
the CITY and DISTRICT, and to have the CITY and DISTRICT jointly
exercise some or all of their separate powers over such systems in
the manner set forth in this Agreement.
1. 03 All powers, duties, rights, and interests
transferred by the agreement of December 19, 1955, to the CITY from
the DISTRICT in the operation, management and control of the sewer
'system and garbage and trash operations of the DISTRICT, except as
hereinafter specifically excepted, shall be abrogated and canceled:
A. The CITY shall retain all powers, duties,
rights, title and interests, if any, to the
right-of-way for the sewers and collection of
solid and liquid waste for commercial,
industrial and multi-family residential uses
with the City of Costa Mesa.
B. Except as provided in paragraph 11.03, the
CITY shall retain all powers, duties, rights,
title, and interest in all solid waste source
reduction and recycling programs in the City
of Costa Mesa.
2. OBLIGATIONS
2. 01 The CITY end DISTRICT on an annual basis shall
mutually agree upon the nature, scope and amount of labor,
materials and equipment necessary to conduct the business of the
District. Based on such annual agreement, CITY shall provide all
labor, materials and equipment necessary to conduct the field work
of the DISTRICT in its programs of solid waste disposal, liquid
waste disposal, recycling of single family household waste, special
recycling projects, including collection and recycling of telephone
books and Christmas trees and drives for the pickup and disposal of
solid waste designed as "heavy or large items. "
2 .02 CITY shall not be required to provide recycling
or solid waste hauling trucks, drivers and attendants in connection
with DISTRICT solid waste disposal business described herein, the
services of recycling and solid waste pickup being supplied to
DISTRICT by private contractors.
3. DISTRICT PAYMENT OBLIGATION
3.01 The CITY and DISTRICT shall on an annual basis
mutually agree on an estimated sum of money to be paid to the CITY
by the DISTRICT for the services to be performed by the CITY for
the DISTRICT as provided this Agreement.
3.02 The estimated annual sum shall be designated as
the "CITY/DISTRICT BUDGET" which shall be adopted by resolution of
each CITY and DISTRICT governing bodies. The approval of the
CITY/DISTRICT BUDGET by each governing body shall be timed in such
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a manner to conform with each agency's budget adoption and tax
setting requirements. Payments of said annual compensation shall
be paid by DISTRICT to CITY in twelve (12) equal monthly
installments.
3 .03 At the end of each fiscal year adjustments
shall be made in said budget to reflect added or deleted services
which have been performed or excused by the DISTRICT during the
affected fiscal year.
3.04 The 1993-1994 CITY/DISTRICT BUDGET adopted by
both CITY and DISTRICT is attached hereto as Schedule "A" and shall
be effective until the adoption by resolution of subsequent
Schedules "A" to this Agreement.
3.05 Compensation for lease of the premises as
provided for herein shall be paid by DISTRICT to CITY as provided
in paragraph 3. 02 and shall be included as a line item in all
subsequent CITY/DISTRICT BUDGETS and negotiated between the CITY
and DISTRICT for the balance of 1993-1994 fiscal year.
4.0 DISTRICT FUNDS
4. 01 CITY shall have the power, subject to
limitations hereinafter set forth, to administer, invest and
disburse funds of the DISTRICT collected by the County of Orange on
the tax roll and paid over to the DISTRICT.
4. 02 DISTRICT's funds in the hands of the CITY shall
be administered pursuant to Government Code §5 53630-53683 and any
other pertinent statute.
4 .03 The funds of DISTRICT administered by CITY
shall be kept separate from CITY funds without commingling such
except in the case of investment of cash balances where the
pooling with CITY funds will obtain a greater return for each party
and then only provided separate and detailed accounting records and
supporting documents are maintained showing the contribution of
CITY and DISTRICT to the pool and their respective earnings.
4.04 The services performed and expenses incurred by
" CITY through its Finance Department for the DISTRICT shall be
without cost to the CITY and shall be reimbursed by DISTRICT as
provided in paragraph 3.02 and as charged by the CITY.
4.05 CITY shall, to the extent reasonably possible,
keep separate the administration and disbursement of CITY and
DISTRICT funds and the respective accounting records and supporting
documents.
4.06 All books and records pertaining to the
administration of DISTRICT funds pursuant to this Agreement shall
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be open to independent accounting firms employed by either party,
provided a reasonable request to examine the books and records is
made for a time during regular business hours. Such financial
records shall be kept in accordance with generally accepted
accounting principles for governmental agencies. Each party hereto
shall disclose such financial information to the other as may be
necessary to obtain surety bond coverage covering CITY
administering of DISTRICT funds.
4.07 Gains and losses on pooled investments shall be
in proportion to the contributions to the pool, and neither party
shall be liable to the other for any such losses.
4.08 DISTRICT reserves the right to establish rules
and regulations to govern the administration, investment and
disbursement of its funds by CITY, which said rules and regulations
will not be, to the extent possible, contrary to CITY established
rules and regulations. CITY and DISTRICT agree to make reasonable
efforts to adopt the same procedures for the handling of such
funds.
4 . 09 The CITY shall provide a Treasurer to the
DISTRICT, who shall also be the Treasurer to the CITY, and the
Treasurer shall be bonded in the amount to be mutually agreed upon
by the CITY and DISTRICT and the fee for such bond shall be paid by
the DISTRICT. CITY and DISTRICT may share the premium on the CITY
bond for the Treasurer to satisfy the bond requirement for the
Treasurer for the DISTRICT. The Treasurer shall perform his/her
duties as provided in this Agreement.
4 . 10 The Treasurer shall draw warrants from DISTRICT
funds upon approval and written order of the DISTRICT'S Board where
such order is consistent with the DISTRICT BUDGET. The DISTRICT'S
Board shall requisition the payment of DISTRICT funds upon approval
of such claims or disbursements and such requisition for payment in
accordance with rules, regulations, policies. procedures and by-
laws adopted by the DISTRICT'S Board.
4. 11 All expenditures of DISTRICT funds within the
designations and limitations of the approved annual DISTRICT BUDGET
shall be made upon approval of the Treasurer in accordance with the
rules, policies and procedures adopted by the DISTRICT'S Board.
4.12 The debts, liabilities and obligations of the
DISTRICT shall be the debts, liabilities or obligations of the
DISTRICT alone and not of the CITY.
5.0 PERSONNEL
5. 01 Labor as included herein shall mean all
personnel necessary to accomplish the purposes of this agreement,
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excluding therefrom the DISTRICT Manager/Engineer and the Attorney
for the DISTRICT, both of whom will be provided for by DISTRICT.
5. 02 To the extent the CITY and DISTRICT mutually
agree on an annual basis, labor will include the following full-
time CITY employees who shall work exclusively on DISTRICT
business:
1. One DISTRICT Clerk/Assistant Manager
2. One Senior Lead Maintenance Worker
3. Three Senior Maintenance Workers
4. One Senior Maintenance Technician
5.03 Additional support personnel necessary to
conduct DISTRICT business shall be provided for by CITY as mutually
agreed to by the CITY and DISTRICT and be designated by title with
percentage of estimated time allocated to DISTRICT business and
cost to the DISTRICT on an annual basis. The support personnel
roster shall be made a part of the adopted CITY/DISTRICT BUDGET as
provided for herein as Schedule "A. "
5.04 The minimum compensation to be paid for labor
upon all work performed under this Agreement shall be the general
prevailing wage scale established by the Department of Industrial
Safety for the State of California and as adopted by CITY.
5. 05 CITY shall comply in all respects with Title 40
U.S.C. § 276a, also known as "The Davis-Bacon Act" where Federal
funds are involved and CITY shall also comply in all respects with
California Labor Code §§ 1770 et seq. if applicable.
5.06 The labor provided by CITY to the DISTRICT
shall be CITY employees and CITY reserves all rights to control and
discipline, etc. , the CITY employees subject to this Agreement..
pursuant to the ordinances, rules, regulations and memorandum of
understanding pertaining to such CITY employees. The DISTRICT may,
upon written notice to the CITY, inform the CITY'S City Manager of
the conduct, omissions, etc. , of CITY employees performing services
for the DISTRICT and request or recommend action by the CITY'S City
Manager concerning such CITY employees. However, the request or
recommendations by DISTRICT shall not require the City Manager to
take any action concerning the subject CITY employees.
5.07 All of the privileges and immunities from
liability, exemption from laws, ordinances and rules, all relief,
pension, disability, workers' compensation, and other benefits
which apply to the activity of officers, employees, or agents of
the CITY when performing their respective functions shall apply to
them to the same degree and extent while they are engaged in the
performance of any functions and other duties for the DISTRICT
under this Agreement. None of the officers, employees or agents of
the CITY who perform services for the DISTRICT shall be deemed by
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reason of the services performed for the DISTRICT to be employed by
the DISTRICT to be subject to the labor requirements of the
DISTRICT. CITY shall retain jurisdiction over and have the
direction of and management of said full-time employees for the
purpose of payroll, salary, benefits, vacation schedules,
retirement plans, education entitlements and all other matters
affecting said full-time DISTRICT employees other than direction of
their duties for the DISTRICT. Benefits for those persons working
full-time for the DISTRICT shall be equivalent to other CITY
employees in comparable positions.
6.0 DIRECTION OF THE WORK
6. 01 Employees assigned to exclusive duties to the
DISTRICT shall be directed in their work by the DISTRICT
Manager/Engineer except as provided in paragraph 5 herein.
7.0 DISTRICT OFFICE
7.01 CITY shall provide office space for the
DISTRICT at 77 Fair Drive, Costa Mesa, California. The premises
shall be leased by the CITY to the DISTRICT and the DISTRICT
telephone, telex and FAX lines shall be provided through the CITY's
communications systems. The office space provided for herein shall
be adequate to office DISTRICT Clerk/Assistant Manager full-time
and DISTRICT Manager/ Engineer part-time and shall be sufficient in
size to house all DISTRICT records. Said office may be, at the
option of the DISTRICT, locked and separately keyed.
7. 02 Said lease shall provide that it may be
terminated concurrently with any termination of this agreement with
rental to be prorated to the month of termination.
7.03 DISTRICT shall reimburse the CITY for its
reasonable share of costs for structural, signage and other
modifications to the office space for the DISTRICT to the extent
the CITY and DISTRICT mutually agree that such modifications to be
necessary for compliance with the accessibility requirements of the
Americans With Disabilities Act and Title 24 of the California Code
of Regulations. Such cost and reimbursement shall appear as a line
item on the CITY/DISTRICT BUDGET.
8.0 EOUIPMENT
8.01 DISTRICT owns all furniture, fixtures, office
equipment and machines and office supplies presently on the
premises occupied by the DISTRICT at 77 Fair Drive, Costa Mesa,
California and will provide such additional materials as are needed
from time to time to conduct DISTRICT business.
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8. 02 DISTRICT also owns and will continue to provide
replacements for all equipment used in the field as described on
Schedule "B" attached to this agreement and made a part hereof.
8. 03 CITY owns all vehicles registered by the
Department of Motor Vehicles which are used exclusively for sewer
maintenance and will continue to provide said vehicles as
replacements are required as such vehicles are described in
Schedule "C". attached to this agreement and made apart hereof.
8. 04 DISTRICT shall reimburse the CITY for the cost
of the equipment and vehicles provided by the CITY to the DISTRICT.
Such cost shall include the depreciation, repair, use and
maintenance of such equipment and vehicles by the CITY for the
DISTRICT. Such cost and reimbursement shall appear as a line item
on the CITY/DISTRICT BUDGET.
9. 0 RESERVATION OF POWERS
9. 01 The powers of the DISTRICT and its Board to act
in furtherance of its business of solid and liquid waste disposal
are set forth in the Health and Safety Code, the Government Code,
the Public Contracts Code, the Elections Code, the Public Resources
Code and other laws of California. In addition to general powers
(Health and Safety Code SS 6510 through and including 6550.26) are
included the right to provide for elections through the County
General Services Agency, Registrar of Voters and Elections
Division; the right to incur bonded indebtedness; the right to
raise revenue by taxation and to finance its business by other
means; the right to annex territory to its DISTRICT; and such other
powers as are necessary to further the business of the DISTRICT
(Health and Safety Code § 6522) .
9. 02 DISTRICT reserves unto itself all powers it may
possess which have not specifically by this agreement been granted
to CITY.
9.03 DISTRICT recognizes the sovereign nature of
CITY as a governmental agency and claims no powers rightfully those
of the CITY except as are necessary for the performance of this
agreement.
9.04 The DISTRICT recognizes and agrees that this
Agreement shall not restrict the CITY'S rights under the Cortese-
Knox local Government Reorganization Act of 1985 ("Act") ,
Government Code § 56000 et seq. In the event the CITY or the
DISTRICT or the Local Agency Formation Commission (LAFCO) or any of
them undertakes 'reorganization proceedings under the Act, this
agreement shall remain in full force and effect until a final
determination by LAFCO affecting its existence.
10.0 TERM
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10.01 This agreement shall remain in force until
terminated by either party.
10. 02 The party desiring to terminate this agreement
shall give the other one (1) year notice in writing in advance of
its intention to terminate.
10.03 Upon determination to terminate this agreement,
both DISTRICT and CITY shall each cooperate fully with the other to
ensure that disruption of services to the community will not occur.
Such cooperation shall include, but not necessarily be limited to,
office removal from CITY facilities, transitional training of
personnel, proration of contract consideration, exchange of deeds,
bills of sale, financial records, and such other acts as are
necessary for a transition non-disruptive to community services.
10. 04 To the extent the termination results in the
need for either the CITY and/or DISTRICT to purchase personal or
real property from the other, the CITY and DISTRICT agree that an
independent certified appraiser ("Appraiser") mutually agreed upon
by the CITY and DISTRICT shall determine the fair market value of
the property to be purchased. The appraisal shall be rendered
within thirty (30) days of the receipt of either party of an offer
to purchase from the other party. The sale of the property shall
be at a price set by the written appraisal by the Appraiser and on
such other terms as mutually agreed upon by the CITY and DISTRICT.
Said sale of property shall be completed prior to the effective
date of termination of this Agreement.
11.0 RECIPROCAL INDEMNIFICATION
11. 01 Each party hereby agrees to protect, defend,
indemnify and hold the other, its elective board, officer, agents
and employees harmless from and against any and all attorneys'
fees, costs, expenses or damages of any nature, by reason of injury
sustained by any person, including death at any time resulting
therefrom, or by reason of loss of, loss of use of, injury to or
destruction of property including consequential damages of any
nature resulting therefrom, arising out of performance of this
agreement by or on behalf of the other, including damages
occasioned by or allegedly occasioned by joint or contributory
negligence or omission or affirmative acts in connection with
supervision or direction of the work by the other, its elective or
appointed boards, officers, agents or employees.
11.02 The provisions of the foregoing paragraph shall
in no event apply to damages occasioned by the sole negligence'of
either party, its elective boards, officers, agents or employees.
11.03 To the extent that the CITY and DISTRICT reach
an agreement by separate contract on the liability for State
mandated solid waste source reduction and recycling requirements
8
(Public Resources Code S 40000 et seq. ) , this Agreement shall not
limit or impact on the DISTRICT'S assumption of the CITY's
liability for such State mandates.
12.0 INSURANCE
12.01 Each of the parties hereto warrants and
represents to the other that it has and will maintain adequate
public liability and property damage insurance to fund any loss
relating to the performance of this Agreement and that each will
provide that the other be included as an additional insured on the
policy of the other. Each will provide to the other proof of
coverage and such riders or certificates from insurance carriers as
will be necessary to evidence said inclusion.
12.02 CITY shall have and maintain workers'
compensation coverage on all CITY personnel employees, full-time or
part-time on DISTRICT business.
12.03 CITY shall have and maintain personal injury
and property damage insurance on all motor vehicles owned by CITY
and used in connection with DISTRICT business.
12. 04 Either party hereto may be partially or fully
self-insured in compliance with this section.
12 . 05 Either party shall provide reasonable written
notice to the other party in the event that the insurance coverage
provided herein is canceled or materially changed in the amount of
coverage.
13.0 $ISCELLANEOUS
13. 01 Each of the parties agrees, when and as
by the other party, to execute and deliver to such party,
any and all_documents, deeds, releases or conveyances, necessary or
convenient to show title or power or authority vested in accordance
with this agreement.
13. 02 It is understood and agreed by each of the
parties hereto that if any of these provisions shall contravene, or
be invalid, such contravention or invalidity shall not invalidate
the whole agreement, but it shall be construed as if not containing
the particular provisions or provisions held invalid, and the
rights and obligations of the parties shall be construed and
enforced accordingly.
13.03 The provisions of this agreement are cumulative
and in addition to, and not in limitation of, any other rights
remedies available to either party.
•
14.0 NOTICES
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14. 01 Notices to be served by either party on the
other shall be in writing and either personally served upon
managing personnel of either party or by mail, postage prepaid, at
the following addresses:
City Manager
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
District Manager
Offices of the Costa Mesa Sanitary District
77 Fair Drive
Costa Mesa, CA 92626
15.0 GENERAL
15. 01 Time is of the essence in this agreement and
the same shall be binding upon the successors in interest, if any,
of the party hereto.
15. 02 This Agreement becomes effective and binding
upon the parties on the date it is approved by appropriate action
of the governing Boards of both parties.
15. 03 Approved by the City of Costa Mesa this (o -
day of SpM.j..vv, 1993 , by duly adopted City Council action.
CITY OF COSTA MESA
J i
By
Ma2or
ATTEST: APPROVED AS TO FORM:
T. Qaar ✓ ar .A 93
#9 p City C rk City Attorney
10
•
Approved by the Costa Mesa Sanitary District this
day of /jr,I;j,,.,-,;', 1993, by duly adopted Board action.
COSTA MESA SANITARY DISTRICT
GE p B ti 4 a AAO 4
id�t
ATTEST: APPROVED AS TO FORM:
air
Secretary Att me; for osta Mesa
Sa itary District
•
AOR2EMP TSU:ISAMTARY-AORp4)2-93)
11
9.3°7
t- Via vc r
AGREEMENT 0orce
1.01 THIS AGREEMENT made and entered into this 1st day of
November, 1993, by and between the CITY OF COSTA MESA, a municipal
corporation (hereinafter "CITY") and the COSTA MESA SANITARY
DISTRICT, a 1923 District Act agency (hereinafter "DISTRICT") .
1.02 RECITALS:
WHEREAS, CITY is charged with compliance with the
Integrated Waste Management Act of 1989 (Public Resources Code
("PRC") § 40000 et seq. , popularly known as AB 939 (hereinafter
"ACT") ; and
WHEREAS, CITY has adopted certain ordinances and
resolutions relating to the administration of the CITY's
obligations including a fee resolution authorized by PRC § 41901;
and
WHEREAS, CITY has set said fee at seventy-five cents
($0.75) per ton of solid waste picked up which is to be imposed
upon the producer of solid waster collected by the hauler on behalf
of the CITY; and
WHEREAS, DISTRICT has in place contracts with both a
trash hauler for single family residences and with a recycling
processor; and
WHEREAS, CITY desires DISTRICT to assume a portion of the
obligations of the ACT as shall hereinafter appear.
NOW, THEREFORE, for and in consideration of the covenants
herein contained, performed and to be performed, the parties hereto
agree as follows:
2.00 WAIVER OF FEE:
2.01 CITY agrees to waive the DISTRICT obligation to pay fees
established by CITY Resolution No. 93-14 .
2.02 CITY reserves the right to re-impose the fee under
Resolution No. 93-14 on DISTRICT, its contract hauler and single
family residential customers in the event the CITY determines the
DISTRICT and its contract hauler are not in compliance with
Ordinance Nos. 92-31 and 93-7 and the ACT. CITY shall give thirty
(30) days written notice to the DISTRICT of its determination and
re-imposition of the fee. The re-imposition of the fee under
Resolution No. 93-14 shall not waive the DISTRICT'S obligations
under this Agreement for any fines due to DISTRICT or contract
haulers's non-compliance with Ordinance Nos. 92-31 and 93-7 and the
ACT.
3.00 DISTRICT OBLIGATIONS:
3. 01 In exchange for a waiver of the CITY imposed fees
established by CITY Resolution No. 93-14, passed and adopted by the
CITY on March 15, 1993, and any subsequent resolutions affecting
said fee, the DISTRICT agrees to assume all responsibilities and
obligations under Ordinance No. 92-31 and 93-7, and as may be
amended, which implement the CITY's requirements under the ACT.
DISTRICT agrees to assume the responsibilities of CITY under the
ACT for single family residences within CITY and will accept all
liability, including fines, damages, costs, and attorneys fees,
associated with the non-performance of DISTRICT, its contract
hauler and its usable recovery's contractor on single-family
residences in that portion of the DISTRICT lying within the
geographical boundaries of CITY, and for any fine imposed on CITY
by the California Waste Management Board under the ACT based on
non-performance by DISTRICT'S contractors. CITY and DISTRICT
recognize that the right to impose fines by the California Waste
Management Board for non-compliance with the ACT was suspended as
part of the adoption of the 1993-94 State budget.
3. 02 DISTRICT agrees that in the event the right to impose
fines is reinstated, the DISTRICT will reimburse CITY for any loss
it might incur by way of fine for the failure of DISTRICT or its
contractors to meet the requirements of the Act. DISTRICT will
post a performance bond equivalent to one day's fine to guarantee
its performance of the obligation set forth herein.
3 . 03 DISTRICT shall compile such reports and other
informational data as may be required by CITY and shall submit them
to CITY from time to time to show compliance with District's
obligations under this Agreement.
3.04 DISTRICT will continue to provide, in conjunction with
the publisher, the collection of telephone directories and their
recycling into usable materials without cost to the CITY.
3. 05 DISTRICT will advertise a City-wide Christmas tree
recycling program including the collection of trees from residents
served by curbside service and deliver to a central location as
determined by the City. The City will provide a contractor to
reduce the trees to mulch and remove material.
3.06 DISTRICT agrees, where others have contributed to the
collection of trees or directories, to apportion the tonnage
collected toward the tonnage requirements of other producers of
solid waste such as commercial, multiple housing, industrial and
institutional producers.
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3.07 The obligations of DISTRICT under this Agreement are
limited to single-family residences and do not include multiple
family residences where DISTRICT'S contractor does not now serve,
commercial or industrial developments or institutional
developments.
5. 00 GENERAL TERMS:
5.01 The term of this Agreement shall be for one (1) year from
the date of the last approval by the legislative body of either
CITY or DISTRICT and shall be reviewable annually, unless either
party provides thirty (30) days written notice to the other party
on its intent not to renew this Agreement.
5. 02 This Agreement is separate and distinct from the Joint
Powers Authority Agreement, as the same now exists or may be
amended or superseded, between CITY and DISTRICT relating to the
operation of the DISTRICT.
5. 03 This Agreement shall become binding upon the parties when
each has approved its execution by its elective body.
DATED:73D7Y, ,5 /fTh CITY OF COSTA MESA,
a municipal corporation
BY: a . .
`
ayor
ATTEST: APPROVED AS TO FORM:
71 &Car— Kott-4 I(-li--5
Deputy G ity Clerk Ci y Attorney
DATED: 71sbv-. f 7/ / 1 ,13 COSTA MESA SANITARY DISTRICT,
a Sanitary District of the
1923 District Act
ATTEST:
/:7_C _/ By• s k
District Secretary 1 Pr-si•ent
4
3
(1) Review route sheets of hauler to separate City
accounts from non-city accounts. Account addresses
need to be reviewed on route sheets in order that no
commingling with City waste occurs.
(2) Visually monitoring trash hauler' s vehicles in areas
that are considered to be areas of concern for
commingling. Detailing observations and any
discovered violation must be reported in writing to
the City within 48 hours of the occurrence along with
an explanation of actions taken.
d. Enforce bin requirements as per Ordinance 92-31 , section
8-80 "Equipment Requirement. "
e. Identify private recycling efforts conducted by the
generators under purview of the DISTRICT (single-family and
multiple family up to 4 units) . These recycling efforts
need to be estimated in order to quantify the tonnage of
materials recycled by Costa Mesa citizens at buy-back
centers, community recycling centers , grocery stores, drop-
off centers , scrap yards and reverse vending machines.
f. Describe and explain the method of diversion conducted at
any mixed waste processing facility, selected to process
the waste stream, and how it is meeting the diversion
goals. Develop a methodology for the verification of all
diversion rates.
As per Section 3 . 03 of the Agreement, the "DISTRICT shall compile such
reports and other information data as may be required by CITY and
shall submit them to CITY upon request to show compliance with
District' s obligations under this Agreement. " Quarterly reports are
required for tonnage and diversion efforts under the purview of the
DISTRICT.
The DISTRICT accepts the terms described herein and agrees to execute
the provisions of this document to the satisfaction of the CITY and
in accordance with appropriate CITY ordinances.
DATED: DE-c). 30 M/3
Costa Mesa Sanitary District City of Costa Mesa,
Pubb/l .c Services
I
Manage of the Sanitary District Director U
vst 13. +lAHteb
-2-
elm CITY OF COSTA MESA
4`: 4. CAUFORNIA 9262 8-1200 PA.BOX 1200
to FROM THE OFFICE OF THE PUBLIC SERVICES DIRECTOR/CITY ENGINEER
F.3
December 29, 1993
Mr. Rob Flamers, Manager
Costa Mesa Sanitary District
234 E. 17th Street, Suite 205
Costa Mesa, California 92627
SUBJECT: CITY/DISTRICT ASSEMBLY BILL 939 AGREEMENT
Dear Rob:
Pursuant to the new agreement signed between the City and District,
the following information will need to be provided to the City to
ensure compliance with Assembly Bill 939 .
In order to meet the mandates of Assembly Bill 939 and Assembly Bill
2494, the City of Costa Mesa has developed a program to administer the
City's SRRE. Specific criteria were developed that apply to all
generators and haulers in the City of Costa Mesa to ensure that State
mandates are met. These criteria have also been developed for the
Costa Mesa Sanitary District (CMSD) by the City as a condition of an
Agreement between the two agencies dated November 1 , 1993 . These
criteria include but are not limited to:
1. Quarterly reports certified by the Sanitary District that they
reflect the actual diversion achieved by the District' s contract
hauler.
2. Contract hauler shall apply for and pay yearly permit fee of
$460 and submit Source Reduction and Recycling Plan to the City.
The City' s consultant, Americlean Environmental Services will be
providing the following documentation on all other haulers should the
state determine to audit the City' s records. It is recommended that
the CMSD be able to provide the City and/or State with the following
information on its contract hauler if needed.
a. Ensure all trucks used by the contractor have a permit and
provide proof of vehicle inspections at all times as
required by City ordinance.
b. Enforce the insurance and bond requirements of the contract
hauler.
c. Conduct a program of Vehicle Waste Tracking to ensure that
Section 8-38 (g) of the CMMC (non-commingling) is being
strictly adhered to. The Vehicle Waste Tracking program
consists of: