Subject: Approval of Memorandum of Understanding with the Alameda County Waste Management Authority for Monitoring Compliance Collaboration

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1 ALAMEDA COUNTY HEALTH CARE SERVICES AGENCY ALEX BRISCOE, Director AGENDA_May 25, 2010 AGENCY ADMIN. & FINANCE 1000 San Leandro Boulevard, Suite 300 San Leandro, CA April 30, 2010 Tel: (510) Fax: (510) The HonorabIe Board ofsupervisors County Administration Building 1221 Oak Street Oakland, CA Dear Board Members: Subject: Approval of Memorandum of Understanding with the Alameda County Waste Management Authority for Monitoring Compliance Collaboration RECOMMENDATION: In order to enable the Alameda County Waste Management Authority (Authority) to reimburse the Alameda County Department of Environmental Health for the monitoring and reporting of solid waste facilities in Alameda County, it is recommended that your Board: 1. Accept the Memorandum of Understanding between Alanleda County and the Alameda County Waste Management Authority; and 2. Approve and authorize the Director ofenvironmental Health Services or designee to execute the Memorandum of Understanding (MOU) or any subsequent arnendment(s); and 3. Approve and authorize the Auditor-Controller's Office to make the necessary budget adjustments in Fund as reflected in the attached Financial Recommendation. SUMMARY: Tn order to reduce un-necessary disposal of recyclable compostable Green Waste to landfills, the Alameda County Waste Management Authority adopted Ordinance Implementation ofthe ordinance requires field checking truck loads entering Alameda County landfills and transfer stations to insure green wastes are not intermixed with solid waste. The Environmental Health Department, as the Local Enforcement Agency (LEA) for Solid Waste regulatory oversight, routinely inspects all landfills and transfer stations. Consolidating the needs of Ordinance with existing inspectional requirements will not result in a significant increase to workload but will limit the number of inspectors each facility works with from a possible two inspectors to one inspector.

2 Honorable Board of Supervisors Page Two of Two Apli130,2010 The MOD provides for cost reimbursement by the hourly rate established in the Departments fee schedule. It is anticipated that the MOU will result in approximately $30,000 in annual revenue. DISCUSSION/FINDINGS: In 1991 the passage of AB939 made waste diversion and recycling programs public mandates. Alameda County has set a goal of recycling 75% of waste. Removing green waste from the waste stream is part of the goal. Checking inbolmd vehicles at waste facilities for green waste and redirecting the loads will help achieve the goal. An educational effort to teach regular customers, such as landscapers, to separate recyclables from waste is part of the project and will help achieve the 75% diversion goals. To this end, the Department is in the position to assist by providing field oversight ofrandomly selected vehicles that enter the landfills and transfer stations for the purpose of disposing ofsolid waste. Department staff, by agreement, as defined within the MOU, shall evaluate disposal loads to verify that recyclable compostable green waste is not being treated as solid waste which is land filled. Doing so promotes diversion and brings the county that much closer to meeting the stated diversion goal. The Department worked with the Authority to develop an MOU that clarifies this collaboration and working relationship. FINANCING: It is now necessary to align the County's appropriation with the estimated funding. No net County cost will be incurred as a result of acceptance of this MOO. Very truly yours, AB:hn cc: Auditor-Controller County Counsel ~4~o ~~e, Director Health Care Services Agency

3 FINANCIAL RECOMME DATIO AGENDA DATE: 5/25/2010 Subject of Board Letter: Approval of Memorandum of Understanding with the Alameda County Waste Management Authority for Monitoring Compliance Collaboration BY: 2011 FUND: Th 1I e of 0 signalions, as rallow : ORC Th increase (de rease) in anticipated revenue, as fall w : 1,,!ormtlllOlml onc.'\('(t PROG PROJ/(~I~ Al\10Ul'lT $30,000 ORGTOTAL $30,000 IIl!ormati(}/wl ORG A('C'T PROG PI~OJ/CR AI\IOU~l ORGTOTAL $0 GRA D TOTA A 1'1 IPA ED REV '30,000 UE ========= The increase (decreas ) in appr prialions. as follow.: Ii,!OJ'I!WIIOIW! ORC ACel' PROG PRO.I/GR AMOUNT $30,000 OR TOTAL $30,000 lil/orlllatlojiiii ORC Acel' PROG PROJ/CR AMOUNT ORG1'OTAL $0 RAND OTAL APPROPRIA ION $ =========

4 MEMORANDUM OF UNDERSTANDING FOR MONITORING COMPLIANCE WITH ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY ORDINANCE This Memorandum of Understanding ("MOU") is entered Into by and between the County of Alameda ("County") and the Alameda County Waste Management Authority ("Authority") and shall become effective this 1st day of April, This MOU is entered into in consideration of the following matters: A. Ordinance ("Ordinance"), an ordinance prohibiting the disposal of certain materials at Alameda County landfills, was passed and adopted January 28, 2009, by the Authority, and became effective 30 days thereafter. B. Ordinance requires all "Solid Waste Enterprises", as defined, to submit a Compliance Plan to the Authority that describes the actions to be taken to comply with the Ordinance and help prevent disposal of Covered Material, as defined, at Alameda County landfills. C. Ordinance specifies required elements of Compliance Plans including signage, loadchecking program, and record keeping. D. Ordinance requires transfer stations and landfills to assess a specified surcharge on self-haulers delivering Significant Quantities of Covered Material for landfill disposal. E. The Alameda County Department of Environmental Health (DEH) is the legallydesignated and certified Local Enforcement Agency (LEA) for all incorporated and unincorporated areas of Alameda County, except the City of Berkeley. F. LEA duties include periodic inspections of transfer stations and landfills in Alameda County, except the City of Berkeley. NOW, THEREFORE, the parties do agree as follows: 1. Purpose of Memorandum of Understanding The purpose and intent of this MOU is to specify arrangements between DEH and the Authority for the monitoring and reporting by the LEA on the adherence of solid waste facilities in Alameda County to their approved Compliance Plans under Ordinance , and to do so in a manner which dearly delineates the responsibilities and duties of each party.

5 2. Alameda County Department of Environmental Health Obligations and Duties Exhibit A by this reference is incorporated in and made a part of this agreement. 3. Alameda County Waste Management Authority Obligations and Duties Exhibit B by this reference is incorporated in and made a part of this agreement. 4. Termination The Parties may terminate this MOU at any time by mutual written agreement or by thirty-day written notice of intent to terminate by one of the Parties. 5. Notices Reports, payments, and other communications pursuant to this agreement are to be sent as follows: Alameda County Waste Management Authority Tom Padia StopWaste,Org 1537 Webster Street Oakland, CA Phone: (510) Fax: (510) tpadia@stopwaste.org Alameda County Department of Environmental Health Ronald Browder Chief, Environmental Protection Division 1131 Harbor Bay Parkway Alameda, California Fax: (510) ronald.browder@acgov.org 6. Insurance Requirements Each party shall, at all times during performance of this agreement, maintain in full force and effect the following insurance policies or their self-insured equivalent: (a) Comprehensive generaillabillty insurance, Including personal injury liability, blanket contractual liability, and broad-form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. (b) Automobile bodily injury and property damage liability insurance covering owned, non-owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000.

6 (c) Statutory workers' compensation and employer's liability insurance as required by state law. 7. Project Records County shall keep and maintain a complete copy of all costs and expenditures relating to implementation of this agreement, together with a complete copy of all reports, contracts and other documents relating to the Project, and the same shall be available for inspection by the parties at any time during usual business hours. 8. Limitation of Liability County, Authority and their respective legislative bodies, employees, officers, agents and assigns shall not be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other Party in connection with carrying out this Agreement. It is understood and agreed that pursuant to California Government Code Section 895.4, each Party shall fully indemnify and hold the other harmless from any liability imposed for injury (as defined in Government Code Section 810.8) by reason of anything done or omitted to be done by the indemnifying Party in connection with any work, authority or jurisdiction delegated to the indemnifying member under this Agreement. This hold harmless and indemnification provision shall apply to any activities, error or omission of each Party and/or the Party's officers, employees, agents, consultants or contractor or any person or entity acting or omitting to act for or on behalf of said Party or such person or entities as are specifically authorized and empowered by the Party to act for the Party. 9. Dispute Resolution The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. Ifthe parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in the County of Alameda, California, or by mutual agreement in any other location. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any of these dispute resolution processes are involved, each party shall bear its own costs and attorneys fees.

7 ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY ALAMEDA COUNTY HEALTH CARE SERVICES AGENCY, DEPARTMENT OF ENVIRONMENTAL HEALTH GARY WOLFF Executive Director ARIU LEVI Director Date: _ Date: _ Authority Co 7/0 nsel if Date: 0 CI I d

8 EXHIBIT A Scope of Work for Alameda County Environmental Health Twice a month at routine facility inspections, use a checklist format (to be provided by StopWaste.Org) to review compliance by facility operator with each element of their Compliance Plan. Once a month, spend up to one hour at each facility observing incoming route truckloads and self-haul customers and monitoring compliance with Landfill Ban ordinance. By mutual agreement with Authority staff, less time and effort may be spent at some facilities and more at others, based upon levels ofcustomer traffic and specific facility activities. Once a month, or more often as agreed upon, transmit facility checklists and monitoring reports to StopWaste.Org. LEA will be responsible for documenting observed compliance by facility operators with Ordinance , but not for issuing written warnings or citations, hearing appeals, or tracking down the sources of plant debris in any observed multi-customer route truck loads. LEA documentation may consist of hard copy or electronic written reports and may include photos or video files as well. DEH will submit invoices to Authority, quarterly, within 30 days of the end of the quarter, based upon documented time spent by Senior Registered Environmental Health Specialists performing above duties, at the hourly billing rate for such staff (understood to be $189 per hour for FY 09/10). Said hourly rate may increase in future fiscal years. Documented time invoiced shall not include any time spent performing normal LEA duties, nor any travel time that would otherwise be incurred in the performance of routine LEA duties, but shall include additional time spent onsite at solid waste facilities performing tasks in this scope ofwork, and time spent in writing up and transmitting reports indicated in this scope of work. Invoiced hours shall not exceed an average 20 hours per month total through September, 2010 and shall not exceed an average of 14 hours per month total thereafter without prior written authorization by the Authority. Invoices shalj contain a list of staff inspectors, total hours billed for each and time spent at each facility performing above tasks for billing period.

9 EXHIBIT B Scope of Work for Alameda County Waste Management Authority Authority shall make available to LEA all current, approved Compliance Plans submitted by solid waste facilities in Alameda County, and shall make any updated or modified Plans available as they are approved by the Authority. Authority shall develop a "facility checklist" for use by LEA inspectors during routine site visits to review compliance by facility operator with each element of their Compliance Plan. Authority shall also develop guidelines for use by LEA inspectors at solid waste facilities in observing incoming route truckloads and self-haul customers and monitoring compliance with Landfill Ban ordinance. Authority shall provide training sessions and presentations to LEA staff as requested. Authority staff or designated Enforcement Officials shall be responsible for any and all formal warnings, citations or other enforcement activities related to Ordinance Authority shall remit payment to DEB within 30 days for complete, approved invoices submitted in accordance with terms in Exhibit A, or shall request clarifications and/or additional documentation within 30 days of initial submittal of invoice.