HomeMy WebLinkAboutAgreement A-18-640 with 15 Cities.pdf1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MEMORANDUM OF UNDERSTANDING
This AB 939 MEMORANDUM OF UNDERSTANDING (MOU), made and entered
into this ________ day of ________, 2018 by and between the County of Fresno, a
political subdivision of the State of California, hereinafter referred to as “COUNTY”, and
the cities of CLOVIS, COALINGA, FIREBAUGH, FOWLER, FRESNO, HURON,
KERMAN, KINGSBURG, MENDOTA, ORANGE COVE, PARLIER, REEDLEY, SAN
JOAQUIN, SANGER and SELMA, all collectively he reinafter referred to as “CITIES”, is
the successor agreement to that certain MOU, originally entered into on April 27, 1993,
renewed on June 8, 2004, and again renewed on January 6, 2009; hereinafter referred
to collectively as “PREDECESSOR MOU(s).”
WITNESSETH
WHEREAS, California Public Resources Code section 41780, subdivision (a)
(added by AB 939, the “Integrated Waste Management Act of 1989,” codified at California
Public Resources Code section 40000 and following, and referred to herein as “AB 939”)
requires each city and county in the State to prepare and implement jurisdiction -specific
plans to divert twenty-five percent (25%) of solid waste generated by 1995 and fifty
percent (50%) by 2000;
WHEREAS, pursuant to California Public Resources Code section 41781.01,
subdivision (a), the State of California has established a goal of 75% source reduction,
recycling, and composting by 2020;
WHEREAS, required programs that include Source Reduction, Recycling,
Composting, Hazardous Waste Management and Public Education are best coordinated
on a regional basis;
WHEREAS, new State laws, including Health and Safety Code section 39730.6
and Public Resources Code, Division 30, Part 3, Chapter 13.1, commencing with Section
42652 (Senate Bill 1383, Lara, Chapter 395, Statutes of 2016), are currently being
promulgated and will increase the need for regional programs to reduce methane
generation by diverting 50% of organics from landfill by 2020 and 75% by 2025;
6th November
18-0975 Agreement No. 18-640
1 WHEREAS, COUNTY and CITIES may join together to prepare and implemen 2 required waste management and other related plans and programs; 3 WHEREAS, the COUNTY and the CITIES are hereinafter referenced as th 4 "Jurisdictions" when referred to collectively, and as "Jurisdiction" when reference 5 generally in singular terms; 6 WHEREAS, the Jurisdictions entered into a PREDECESSOR MOU, starting o 7 April 27, 1993, which was superseded by another PREDECESSOR MOU on June 8, 8 2004, and again superseded by an another PREDECESSOR MOU on January 6, 2009, 9 for the purpose of joining together to prepare, update and implement waste managemen 1 O plans and programs; 11 WHEREAS, California Law authorizes the local governments and public entities t 12 pay for waste management plans, programs, preparation and implementation through 13 solid waste surcharge; 14 WHEREAS, the Jurisdictions have designated the COUNTY as the lead agenc 15 (Lead Agency) to implement and operate waste management programs/services that ar 16 best accomplished on a regional basis; 17 WHEREAS, the Jurisdictions previously determined that a mechanism is neede 18 to enhance their ability to communicate and collaborate on MOU-related issues, and tha 19 the appropriate mechanism to serve those purposes is the MOU Committee (Committee), 20 which consists of Delegates from each Jurisdiction agreeing to this MOU; 21 WHEREAS, California Law requires the creation of an Local Task Force (LTF) t 22 review local and regional plans; 23 WHEREAS the Jurisdictions approved the restructuring of the LTF, based o 24 adopted resolutions demonstrating the concurrence of a majority of the cities whic 25 contain a majority of the population of the incorporated areas of the County, in accordanc 26 with the provisions of Public Resources Code Section 40950 (b) and designated th 27 Committee to serve in the capacity and perform the functions of the LTF; 28 Ill 2
1 WHEREAS, the Committee formed a separate Subcommittee 2 Subcommittee) to perform the L TF functions, as defined in Section IX of this MOU, 3 including developing its own separate set of guidelines and rules to govern itself an 4 conduct business in order to facilitate the development of waste management relate 5 plans and programs; 6 WHEREAS, the Committee shall continue to provide the Lead Agency with inpu 7 and direction from the Jurisdictions on MOU-related programming and budget allocations, 8 as more thoroughly provided herein below. 9 NOW, THEREFORE, it is agreed by the Parties hereto as follows: 10 I. PURPOSE AND STRUCTURE OF THE MOU: 11 A. The Lead Agency shall be responsible for the coordination 12 implementation of countywide programs/services covered under the MOU. 13 B. The Jurisdictions, through their appointed Delegates, are responsible fo 14 identifying the programs to be provided under the MOU and for assisting the Lead Agenc 15 with the development and implementation of the programs identified. Basi 16 responsibilities of each Jurisdiction shall include, but not be limited to, attendance of it 17 Delegate at Committee meetings and MOU-related workshops, providing local dat 18 and/or contact information, providing input and direction on MOU programming an 19 budget proposals, reviewing proposals and reports, referring interested persons residin 20 within its territorial boundaries to MOU programs, referencing MOU programs in tha 21 Jurisdiction's promotional materials and other documents as appropriate, and providing 22 meeting/staging sites within its respective Jurisdiction located within its territoria 23 boundaries as needed. It is anticipated that any additional/specific responsibilities of th 24 Jurisdictions shall be defined in the most current Annual Work Plan (see Section Ill). 25 C. The Jurisdictions previously determined that successful implementation o 26 AB 939 and waste management plans and programs requires a mechanism to enhanc 27 communication and collaboration on MOU-related issues among the Jurisdictions locate 28 in Fresno County, and it is agreed that the Committee is the appropriate mechanism t 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 serve this purpose under the provisions of this MOU. D. The duties and responsibilities of the Committee shall include, but not b limited to: 1. Serving as the primary forum for discussion of AB 939 compliance related issues. This provision does not preclude any Jurisdiction from implementing it own local program(s) and/or from participating in, or establishing any additional entitie for addressing its own local AB 939 compliance issues. 2. Working with the Lead Agency to identify the regional AB 939-relate programs/services to be provided under the MOU. 3. Endorsing and monitoring implementation, by the Lead Agency, o those MOU-related programming and budget allocations specifically authorized under th MOU, by approval of the Annual Work Plan by a majority of Delegates. E. The Committee shall consist of one Delegate from each Jurisdiction. following provisions are not intended to prevent or discourage any interested party fro attending or appropriately participating in a Committee meeting: 1. A CITY's Delegate shall be designated by, and serve at the pleasur of, the CITY Manager or other similar appropriate authority in that Jurisdiction. Th COUNTY's Delegate shall be designated by, and serve at the pleasure of, the Resource Division Manager or other similar appropriate authority in the COUNTY. 2. The designated Delegate of each Jurisdiction will have voting rights. A Delegate shall be a representative of their respective Jurisdiction, empowered t represent that Jurisdiction's position and to cast that Jurisdiction's vote, on items tha come before the Committee. A Jurisdiction's CITY Manager or other similar appropriat authority in that Jurisdiction, or the COUNTY's Resources Division Manager or othe similar appropriate authority in the COUNTY, may designate an Alternate Delegate with knowledge of the respective Jurisdiction's solid waste system and/or planning program and the Alternate Delegate may cast proxy votes on Committee votes. For any vote related to expenditures or finances, the Alternate Delegate must get prior or subsequen 4
1 written approval from the Delegate, and provide that approval to the Lead Agency withi 2 30 days of the respective vote. Nothing in this paragraph or MOU shall be interpreted, o 3 in any way construed, as preventing or prohibiting a Jurisdiction from selecting a Delegat 4 and/or Alternate Delegate that is not employed by the respective Jurisdiction. 5 example, a Jurisdiction, following the designation requirements of this MOU, 6 designate a waste hauler to serve as their Delegate and/or Alternate Delegate. 7 3. It is understood and acknowledged that Delegates and Alternat 8 Delegates will represent the interests of their respective Jurisdiction and provide th 9 collective input the Committee needs to provide the Lead Agency with appropriat 10 advisory direction to facilitate its efforts, consistent with the limited purposes set fort 11 herein. 12 4. Once the presence of a Quorum (as defined in Section I.E.4.(a)) i 13 established, a simple majority of the number of Delegates who are either physical! 14 present at said meeting or represented by a proxy vote, is required to approve an 15 authorize actions taken by the Committee, unless the Committee by such a majority vot 16 previously has adopted a policy or procedure establishing some other standard. 17 a. A Quorum, which is required to transact business on behalf o 18 the Committee, is established by the presence of a majority of the Delegates or Alternat 19 Delegates, i.e. nine (9) total Delegates, duly assembled or represented by a proxy vote. 20 b. A Delegate unable to attend a meeting may authorize, i 21 writing or by e-mail/fax, a representative to attend the meeting and vote in his/her place. 22 A Delegate's representative shall notify the Chairperson of said authorization prior to th 23 quorum count. 24 5. The Chairperson may, at his/her discretion, or when requested by 25 least two (2) Delegates, request that a particular vote be by mail, fax and/or e-mail, whe 26 special conditions or unusual time constraints preclude voting on an issue at a Committe 27 meeting. Delivery of the request will be pursuant to the notice provisions in Section XII. 28 Ill 5
1 For this vote to be a valid, all three (3) of the following conditions must b 2 met: 3 a. The ballot must be received by all of the Delegates in a time! 4 manner. 5 b. To be counted, the ballots must be returned to the Chairperson b 6 the deadline cited in the request. 7 c. A majority of the total Delegates, in attendance for that vote, mus 8 return their ballots to approve Committee related business. 9 F. Committee meetings: 10 1. There will be a Chairperson and a Vice-Chairperson. The curren 11 Chairperson and Vice-Chairperson, as of the date that this MOU is first executed, shat 12 remain in their respective positions until the beginning of the first new fiscal year after thi 13 MOU is executed. At the first meeting of every new fiscal year, the Chairperson will ste 14 down, the Vice-Chairperson will become the next Chairperson and a new Vice 15 Chairperson will take the Vice-Chairperson position. The terms for the Chairperson an 16 Vice-Chairperson will be one (1)-year, ending at the first meeting of each fiscal year, a 17 which time the then Chairperson will step down, be replaced by the then Vice 18 Chairperson, and the next Vice-Chairperson will be named. This process will continu 19 until all Jurisdictions have had an opportunity for a Delegate to serve as a Chairperson, 20 and then the process will repeat itself. No Jurisdiction shall hold a position as Chairperso 21 twice until all Jurisdictions have had an opportunity to serve as a Chairperson. Vice 22 Chairpersons will not be voted into place, and instead will be the Delegate of th 23 successive Jurisdiction, as determined by following order: 1) CLOVIS; 2) COALINGA; 3 24 FIREBAUGH; 4) FOWLER; 5) FRESNO (City); 6) FRESNO (County); 7) HURON; 8) 25 KERMAN; 9) KINGSBURG; 10) MENDOTA; 11) ORANGE COVE; 12) PARLIER; 13 26 REEDLEY; 14) SAN JOAQUIN; 15) SANGER; and 16) SELMA. Any Jurisdiction ma 27 elect to forgo serving as a Vice-Chairperson or Chairperson, but doing so waives th 28 respective Jurisdiction's right to serve until that Jurisdiction's next turn. The Chairperso 6
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and Vice-Chairperson shall have all of the standard powers and duties that are normal! vested in the office of a committee chairperson relating to the scheduling and conduct o the Committee's meetings. 2. It is the intent of the parties hereto that at least four (4) Committe meetings shall be scheduled each fiscal year. One (1) Committee meeting shall b designated as the Annual Meeting. The Annual Meeting shall be appropriately schedule to allow for the adoption of an Annual Work Plan (AWP) for the following fiscal year and for the review/update of all activities performed under this MOU since the previous Annua Meeting. The Chairperson or Vice-Chairperson, in consultation with the Delegates, shat convene additional meeting(s) of the Committee whenever there is sufficient business t conduct. 3. Working closely with the Chairperson or Vice-Chairperson, the Lea Agency shall be responsible for making Committee meeting arrangements (e.g., noticing, siting, taking attendance), assisting with the preparation of the agenda, and takin minutes at Committee meetings. 4. Any Delegate may call for a vote, via a request delivered pursuant t the notice provisions in Section XII, of the Committee on whether to schedule a additional Committee meeting or to place an item on the agenda. If there is no meeting ongoing at the time of the request, and if no meeting is scheduled within 30 days of th request, the Delegate may agree to wait until the next scheduled meeting, or may requir the Chairperson or Vice-Chairperson to put the question to the Delegates by mail or fa (proxy vote) within ten (10) working days of the request. G. Modification or Amendment of Committee policy and procedures: 1. The Committee may choose to: a) adopt additional, or modi existing, Committee policies and procedures; and/or b) formalize the duties and th responsibilities of the Committee's members beyond those described in this MOU, consistent with the scope of Committee's functions and its advisory role. Ill 7
1 2. Any proposed change(s) to any provision of Section I, Subsection 2 A through H, relating to the R List, the AWP and the Committee Policies and Procedures, 3 must be noticed, pursuant to Section XII, thirty (30) days in advance. The notice mus 4 include a proxy ballot form and a message indicating the date, time and location of th 5 meeting at which the proposed change(s) will be discussed and voted upon. 6 H. The Lead Agency agrees that, at the request of the Committee, it will tak 7 the lead in making arrangements, for such additional MOU-related programming an 8 budget proposals as are not specifically authorized under this MOU, to be brought befor 9 the legally constituted governing bodies of each of the respective Jurisdictions for thei 10 appropriate consideration. 11 II. REPORTING ON AB 939 PROGRAMMING AND RELATED WAST 12 MANAGEMENT. 13 The Lead Agency will provide to the Delegates, at the initial meeting of th 14 Committee during each fiscal year throughout the term of this MOU, the AB 939 MO 15 Report List ("R List") for that fiscal year. 16 A. The R List, as updated and revised from time to time, but at least once eve 17 Fiscal Year, shall: (1) describe briefly the contents of each report to be provided to th 18 Committee Delegates; (2) indicate who is responsible for collecting the data an 19 preparing the report (Reporter); and (3) indicate the frequency with which the report is t 20 be submitted to the Delegates. Each report shall be provided by the due date establishe 21 in the R List. The Reporter may request, and the Committee Chairperson or Vice 22 Chairperson may grant, additional time to complete a given report when additional tim 23 is deemed appropriate. 24 B. At least once during each Fiscal Year, 1) the Lead Agency will review and, 25 when appropriate, recommend to the Committee, changes to the R List; and 2) th 26 Committee shall act upon that recommendation, voting to request that the Lead Agenc 27 revise the current R List as the Committee deems appropriate. When adopted by th 28 Committee, the most recently amended R List shall supersede the previous R List. 8
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. The Lead Agency, in accordance with Section Ill below, shall prepare a Annual Work Plan (AWP). The AWP shall define: (1) the programs and services to b provided and funded under this MOU; and (2) the responsibilities of the Jurisdiction related to implementation of the AWP. Ill. AB 939 ANNUAL WORK PLAN: A The AWP, as periodically updated and revised, defines the programs an services to be provided under this MOU. At a minimum, the AWP shall include description of: (1) the programs to be provided and funded under the MOU; (2) eac Jurisdiction's responsibilities under the AWP; and (3) a proposed budget indicating al projected revenues and AWP projected expenditures. B. The AWP shall be prepared, revised or updated no less than once eve fiscal year. The Lead Agency shall prepare the AWP, and any updates or revision thereof, at the request of and in consultation with the Committee. By a simple majori vote of the Delegates, a new, updated or revised AWP shall supersede the previous AWP C. The budget in the AWP shall include a proposed allocation of funds for th development and/or operation of required and desired facilities, plans and programs Funds allocated to facilities, plans and programs, which are not needed to cover curren year expenditures, may be accumulated as Reserves. IV. SOURCE AND USE OF FUNDS: A. The Jurisdictions agree that the appropriate mechanism for financing th programs and services defined in the AWP is through a surcharge on each ton of landfille solid waste generated in Fresno County, hereinafter identified as the "AB 939 Surcharge". This provision does not preclude the use of funds from other sources, such as a grant o program service fees (e.g., solar panel drop-off fees), if such alternative funding: (1) doe not increase the financial obligation of the Jurisdictions under this MOU; and (2) i approved by a majority vote of the Delegates. B. It is hereby agreed by all of the Jurisdictions that the AB 939 Surcharg shall remain in place throughout the Term, as defined in Section VI, of this MOU, or unti 9
1 such time as the amount of the AB 939 Surcharge changes pursuant to Section V.B, 2 Section V.C, and/or the MOU is superseded/terminated as set forth in Section VII. 3 C. AB 939 Surcharge revenues shall be used solely for the activities outline 4 in this MOU, the AWP, and any subsequent revisions of the AWP and/or amendments o 5 the MOU. 6 D. It is anticipated that the COUNTY, as the Lead Agency for development an 7 implementation of regional AB 939-related programs and services, shall be the prima 8 provider of programs and services defined in the AWP, with the exception of thos 9 programs and services provided by contractors and/or vendors. 10 1. All costs incurred by the COUNTY in meeting its responsibilities a 11 defined in the most current AWP, including MOU-related COUNTY expenditures for labor, 12 overhead, contractors and/or vendors, shall be fully reimbursed to the COUNTY from th 13 AB 939 Surcharge, so long as said reimbursements do not exceed the dollar amount 14 allocated in the current AWP, as approved by the Delegates of the Committee pursuan 15 to Section 111. 16 2. The Lead Agency shall have the authority to make routine program 17 related expenditures (e.g., salaries, advertising, printing, premiums, overhead), withou 18 specific prior approval of the Committee, so long as said expenditures are: (a) consisten 19 with the expenditure categories and dollar amounts established in the current AWP; an 20 (b) do not require the COUNTY to enter into a contract requiring approval by the Fresn 21 County Board of Supervisors (Board). Details of such routine expenditures shall b 22 reported to the Committee on a quarterly basis as determined by the Lead Agency or it 23 designee. 24 3. Under no circumstances shall the total of actual program-relate 25 expenditures exceed the total expenditures authorized in the AWP. This provision doe 26 not prohibit expending more than the amount budgeted for a specific line item, if sai 27 additional expenditure is fully offset by a reduced expenditure(s) in one or more other lin 28 items. In the event of unanticipated revenue (e.g., grant award(s) or actual surcharg 10
1 revenues in excess of the amount projected), the Lead Agency may propose and reques 2 the Committee, thorough its Delegates, to approve an amendment to the budget in th 3 current AWP and if required, to request the COUNTY's Board to amend any associate 4 COUNTY budget line items. 5 E. Any MOU-related agreement between the COUNTY and an outsid 6 contractor or vendor shall not be submitted to the COUNTY's Board for approval withou 7 first having been authorized, in accordance with the provisions hereof, by means of 8 majority vote of the Delegates. 9 F. The COUNTY shall provide the opportunity for members of the Committe 10 to participate in any Request for Proposal/contract development process related to th 11 MOU. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. Unless specifically budgeted.for in the AWP, expenditures incurred by non COUNTY Jurisdictions while participating in the regional programs/services under thi MOU, shall not be reimbursed with AB 939 Surcharge revenues. H. Collection of AB 939 Surcharge Revenues 1. Each Jurisdiction in Fresno County that provides, allows, permit and/or contracts for the collection of solid waste and recyclables (Material) generate within its territorial or jurisdictional boundaries, hereby agrees in good faith to use its bes efforts to include in any future instrument authorizing, permitting and/or contracting fo such service, provisions requiring said service provider(s) (hereinafter to be known a "Jurisdiction's Hauler") to do all of the following: a. Collect and submit monthly data to the COUNTY indicating the type of Material collected and the origin, amount and destination (initial and final) o all said Material that the Jurisdiction's Hauler collected and managed during each month. The Jurisdiction shall require that the Jurisdiction's Hauler use the Haulers' Report for provided by the COUNTY, that said report provide all the data requested by the COUN and that said report be submitted to the COUNTY in a timely manner and at the interval 11
1 specified by the COUNTY. (It is anticipated that the COUNTY shall request that th 2 Jurisdiction's Hauler submit the Hauler's Report on a quarterly basis.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. The Jurisdiction's Hauler must indicate in the Haulers' Repo if the initial destination of that Jurisdiction's Material is a landfill (at which the entire load will be buried) or an intermediary facility (e.g., a transfer station, materials recove facility, recycling facility, or a facility that manages green waste or biomass, constructio and demolition debris or a landfill that provides one or more of these services) that wil ultimately landfill only a portion of that Jurisdiction's Material. C. Calculate the total dollar amount of the AB 939 Surcharge o every ton of Material generated within the territorial or jurisdictional boundaries of sai Jurisdiction, and that the Hauler's Report indicates was landfilled, both within and outsid of Fresno County. The tonnage on which the AB 939 Surcharge is calculated shall equa the number of tons that the Jurisdiction's Hauler reports, or causes to be reported, to th Department of Resources Recycling and Recovery (Cal Recycle), as having generated within, and subsequently landfilled by or on behalf of, said Jurisdiction. d. Upon request, provide the COUNTY with documentation fro the final destination(s) to which the Jurisdiction's Material was taken, indicating the fina disposition of that Material. 2. The method by which the Jurisdiction's Hauler shall agree to pay t the COUNTY the AB 939 Surcharge (as calculated in accordance with the immediate! preceding Section IV Subsection H, Items 1a through c) shall depend upon the initia destination of the Material. a. If the initial destination of the Material collected by th Jurisdiction's Hauler is a County-operated landfill, the Jurisdiction's Hauler is not require to remit the AB 939 Surcharge to the COUNTY. As a component of the landfill tippin fee, the AB 939 Surcharge shall automatically be collected from all Jurisdictions' Hauler 12
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 entering a COUNTY-operated landfill to dispose of Material. The funds so collected shal be deposited in the Solid Waste Surcharge Trust Fund. b. If the initial destination of the Material collected by th Jurisdiction's Hauler is the Clovis Landfill, the Jurisdiction's Hauler is not required to remi the AB 939 Surcharge to the COUNTY. The City of Clovis hereby acknowledges and agrees that it will continue to collect and remit to the COUNTY, in accordance with Fresn County Ordinance Code Section 8.20.070.A, the equivalent dollar amount of the AB 93 Surcharge Fee for every ton of Material generated in Fresno County that is landfilled a the Clovis Landfill during the applicable time frame. C. If the initial destination of the Material is not a COUNTY operated landfill or the Clovis Landfill, the Jurisdiction's Hauler shall be required to remit, directly to the COUNTY, the dollar equivalent of the AB 939 Surcharge on every ton o the Material that the Jurisdiction's Hauler takes to said facility, except as provided for i Section IV, Subsection H, Item 2d (below). d. The amount of the AB 939 Surcharge payment to be remitte to the COUNTY may be adjusted downward by the COUNTY, based on actual tonnag landfilled, if the Jurisdiction's Hauler chooses to, and is able to, meet all of the following conditions: (i) Provide documentation of the number of tons of th Material that will/have been buried in any landfill (whether located inside or outside o Fresno County) that is not operated by Fresno County or the City of Clovis; and (ii) Provide documentation of the number of tons of th Material that will/have been buried in a landfill that is operated by Fresno County or th City of Clovis; and (iii) Provide documentation of the number of tons of th Material that will not/ have not been landfilled (e.g., recycled, composted); and 13
1 2 3 4 5 6 7 8 9 10 11 (iv) Remit directly to the COUNTY the dollar equivalent o the AB 939 Surcharge for every ton of that Material documented in Section IV, Section H, Item (2)(d)(i) above. 3. Unless there are already equivalent provisions in place, each of the Jurisdictions hereby agrees in good faith to use its best efforts to include provision equivalent to those indicated in Section IV, Subsection H, Item 1 and Item 2, in any futur instruments authorizing, permitting and/or contracting for such service entered into (orth term of which is extended by amendment) by any Jurisdiction subsequent to the date o such Jurisdiction's execution of this MOU. 4. It is hereby understood, agreed, promised, by all Jurisdictions, 12 that the AB 939 Surcharges are necessary to provide the services under the MOU, an 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that Lead Agency may, in its discretion, suspend or terminate the provision of any service provided under this MOU to any Jurisdiction that fails to ensure that payment of tha Jurisdiction's AB 939 Surcharges are remitted or otherwise recovered, in accordance wit this MOU. V. AMOUNTOFAB939SURCHARGE A. History of Fresno County's Solid Waste Management Fee, i.e. the "AB 93 SURCHARGE." 1. On May 19, 1987, the Fresno County Board of Supervisors passed Resolution, which amended the Master Schedule of Fees, Charges an Costs Recovery, adding section 2806, of Section 2800, and adopted $.50, per ton, Waste Management Surcharge. 2. On December 11, 1990, the Fresno County Board · of Supervisor amended the Master Schedule of Fees, Charges and Costs Recovery, increasing the County Solid Waste Management Fee by $.65 per ton, t require a $1.15 County Solid Waste Management Fee. 3. On January 5, 1993, The Fresno County Board of Supervisors amende 14
1 the Master Schedule of Fees, Charges and Costs Recovery, increasing 2 the County Solid Waste Management Fee by $.51 per ton, to require 3 $1.66 County Solid Waste Management Fee. 4 4. On January 13, 2009, the Fresno County Board of Supervisors amende 5 the Master Schedule of Fees, Charges and Recovered Costs for Fresn 6 County, putting in place a method whereby the County Solid Wast 7 Management Fee would be increased by $.35 every year for five years. 8 5. As a result of the foregoing actions, amendments, resolutions, and othe 9 Board actions, the current Solid Waste Management Fee is $3.41 per 10 ton. 11 In order to operate the MOU mandated facilities, programs and services, connected wit 12 the activities outlined in this MOU, the Board will maintain the Fresno County Solid Wast 13 Management Fee (AB 939 Surcharge) of three-dollars and forty-one-cents ($3.41) per 14 ton of landfilled solid waste generated in Fresno County, as included in the America 15 Avenue Landfill tipping fees. 16 8. Amendment Process 17 1. Should the Committee vote to initiate an amendment, suspension 18 revision, change, or other modification, of the AB 939 Surcharge, or should a 19 amendment, suspension, revision, change, or other modification of the AB 939 b 20 necessitated by Section V.C of this MOU, the Committee will initiate the Amendmen 21 Process. 22 2. In consultation with the Committee, the Lead Agency shall prepare, 23 and provide to each of the other Jurisdictions a draft resolution and/or ordinance relatin 24 to the desired AB 939 Surcharge amendment, suspension, revision, change, or othe 25 modification. The draft resolution and/or ordinance shall indicate a Target Date and 26 Target Period for implementation. While it is anticipated that the dollar amount of the A 27 939 Surcharge will be maintained at the level indicated in Section V of this MOU, the Lea 28 Agency may recommend and the Delegates of the Committee may authorize, at the tim 1 i:;
1 the Lead Agency prepares the draft resolution and/or ordinance, recommended change 2 in the timing and/or the dollar amount of the AB 939 Surcharge. 3 3. Based upon the parameters indicated in the draft resolution and/o 4 ordinance, each of the Jurisdictions shall be requested by the Lead Agency to prepare, 5 execute and provide an appropriate resolution, executed by its respective governing 6 body, requesting that the COUNTY's Board adopt any proposed changes to the AB 93 7 Surcharge. 8 4. If and when all Jurisdictions' respective Boards (with the exceptio 9 of COUNTY's Board) or Councils adopt resolutions proposing changes to the AB 93 10 Surcharge, the Lead Agency shall prepare an agenda item and appropriate resolution(s 11 and/or ordinance requesting that the COUNTY's Board approve and implement th 12 proposed amendment, suspension, revision, change, or other modification, to the AB 93 13 Surcharge by adoption of the COUNTY's resolutions and/or ordinance. 14 5. Unless and until such time as the AB 939 Surcharge has bee 15 amended, the AB 939 Surcharge shall remain at the current $3.41 per-ton of landfille 16 solid waste generated in Fresno County. 17 6. In the event that the amount of the AB 939 Surcharge is amended, 18 suspended; revised, changed, or modified by action of the Fresno County Board o 19 Supervisors, the new total amount of the AB 939 Surcharge will be deemed to replace al 20 references to the $3.41 AB 939 Surcharge in this MOU, without the need for any forma 21 amendment hereto. 22 7. The Jurisdictions hereby acknowledge their understanding that in th 23 event that the amount of the AB 939 Surcharge is ever decreased, suspended, or in an 24 way reduced below its current amount, that any attempt to later increase, reinstitute, o 25 otherwise revoke the decrease, suspension or reduction thereof, will require further Boar 26 action. 27 Ill 28 Ill 16
1 C. Solid Waste Surcharge Trust Fund Account Cap. 2 It is the intention of the Jurisdictions that the combined sum of the componen 3 portions of the Solid Waste· Surcharge Trust Fund Account for (1) the Househol 4 Hazardous Waste Facility Fee ($1.75/ton) and (2) the State-Mandated AB 939 Integrated 5 Waste Management Plan Fee ($0.65/ton) shall not exceed $11.5 million prior to the siting, 6 building, and full operation of a new Household Hazardous Waste facility in Fresn 7 County. Accordingly, in the event that the combined sum of the component portions o 8 the Solid Waste Surcharge Trust Fund Account for (1) the Household Hazardous Wast 9 Facility Fee ($1.75/ton) and (2) the State-Mandated AB 939 Integrated Wast 10 Management Plan Fee ($0.65/ton) reaches a total in excess of $11.5 million prior to th 11 siting, building, and full operation of a new Household Hazardous Waste facility in Fresn 12 County, the following will occur: 13 1. Using and following the Amendment Process in Section V.B, the Lea 14 Agency will draft any necessary resolution and/or ordinance, to presen 15 to the Fresno County Board of Supervisors, for purposes of amending, 16 suspending, revising, changing, or modifying, the component portions o 17 the AB 939 Surcharge for (1) the Household Hazardous Waste Facili 18 Fee ($1.75/ton) and (2) the State-Mandated AB 939 Integrated Wast 19 Management Plan Fee ($0.65/ton), so as to result in the foregoing 20 component portions being reduced to $0.00/ton. 21 2. If Section V.C.1 is ever successfully implemented, and results in an 22 reduction in the total AB 939 Surcharge, the Jurisdictions agree, 23 promise, and covenant, that in the event that the sum total of the Soli 24 Waste Surcharge Trust Fund drops below $6.0 million, that the Lead 25 Agency, using and following the Amendment Process in Section V.B, 26 will draft any necessary resolution and/or ordinance to present to th 27 Fresno County Board of Supervisors to increase the component portion 28 of AB 939 Surcharge for (1) the Household Hazardous Waste Facilit 17
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fee and (2) the State-Mandated AB 939 Integrated Waste Managemen Plan Fee. 3. If after implementing and accomplishing an Amendment Process that i compelled by Section V.C.1, the Solid Waste Surcharge Trust Fun drops below $6.0 million, then the obligations discussed in Section V.C.1 will not be mandated again until the Solid Waste Surcharge Trust Fun Account totals more than $11.5 million. 4. Under no circumstances, shall anything in this Section V.C, compel th Jurisdictions to amend, suspend, revise, change, or modify, th component portions of the AB 939 Surcharge (for the Department o Health Service Fee and the Solid Waste Management Fee), which tota $1.01 per ton. 5. If at any time after the execution of this MOU and before its terminatio thereof, a new Household Hazardous Waste facility is sited, built, and fully operational, within Fresno County, Section V.C.1 will be rendere permanently inapplicable. D. Audits of the Solid Waste Surcharge Trust Fund Account All programs, revenues, and reserves associated with the AB 939 Surcharge wil undergo an audit no less than once every five (5) years of the Term of the MOU, calculated from the date this MOU is fully executed, including the five (5) year extension, if applicable. The audit will be completed by a third party consultant hired by Fresn County and billed to the AB 939 Solid Waste Surcharge Trust Fund Account. Results o the audit will be shared with the Jurisdictions within thirty (30) days of the Lead Agency' receipt of the final and complete audit. E. Annual Review of Solid Waste Surcharge Trust Fund Account The Committee will conduct an annual review of the amounts in the Solid Wast Surcharge Trust Fund Account during the last Committee meeting of every fiscal year. Thirty (30) days prior to the review, the Lead Agency will provide the Committee Member 18
1 with all data and information related to the current state of the Solid Waste Surcharg 2 Trust Fund Account. 3 VI. TERM: 4 A. The initial term of this MOU shall be for ten (10) years commencing on th 5 date first indicated above, that this MOU is executed by the Board and shall b 6 automatically renewed for one (1) additional five (5)-year period, unless a majority of th 7 Jurisdictions hereto vote not to exercise the option for renewal as set forth in Section VI, 8 Subsection B (Renewal Option). 9 B. Renewal Option 10 1. Each of the CITIES' governing bodies hereby authorizes 11 respective CITY manager or equivalent officer, or respective CITY manager's o 12 equivalent officer's designee, and the COUNTY hereby authorizes the Director of th 13 Public Works and Planning Department or their designee, upon receipt of a Renewa 14 Option Ballot, delivered pursuant to the notice provisions in Section XII, as the respectiv 15 authorized agents of each such Jurisdiction, to complete and to submit said ballots o 16 behalf of their respective CITIES and COUNTY, voting to either approve or reject th 17 Renewal Option. 18 2. Renewal Option Ballots may be submitted by mail, fax or in person, 19 but must be received by the Chairperson before the Renewal Option meeting is called t 20 order. At that special meeting, the Chairperson shall count the valid Renewal Optio 21 Ballots submitted. To be valid, a Renewal Option Ballot must have been signed by tha 22 governing body's authorized agent, as specified in the immediately preceding Sectio 23 VI.B.1, and be received before the submittal deadline. If a simple majority of the vali 24 Renewal Option Ballots received by the Chairperson is in support of the Renewal Option, 25 this MOU shall automatically be extended an additional five (5)-year period as provide 26 in Section VI, Subsection A. 27 3. Notice of the results of the Renewal Option Ballots shall be i 28 accordance with Section XII. 19
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. If the majority of the Renewal Option Ballots cast are not in suppo of the Renewal Option, the MOU shall automatically expire at the end of the initial ten (10 -year period. At such time, it will be each Jurisdictions' responsibility, according t California Code, to comply with the laws, rules, regulations, and requirements of the law related to waste management, and to provide waste management plans and services, including amending state plans, and administering plans that would otherwise be handled by this Committee. VII. TERMINATION: A. Options for Changing the Term The term of the MOU may be changed using one of the following options: 1. All Jurisdictions pass resolutions authorizing an amendment to th MOU to increase, reduce or end the Term authorized in Section VI, Subsection A (above); or 2. All Jurisdictions pass resolutions authorizing a subsequen successor MOU, in which case this MOU would expire on the date that such subsequen successor MOU becomes effective. B. Disbursement of Cash Balance in the Solid Waste Surcharge Trust Fun Account (Trust Fund) Should the Jurisdictions choose not to renew, extend or amend the term of thi MOU, and no Successor MOU has been approved or is approved six (6) months after thi MOU expires, then the Lead Agency shall calculate and disburse the cash balance in th Solid Waste Surcharge Trust Fund (AB 939 Surcharge) Account. For purposes of thi Section VII.B, the only amounts that may be disbursed out of the Trust Fund, will b amounts paid into the Trust Fund as a result of (1) the Household Hazardous Wast Facility Fee and (2) the State-Mandated AB 939 Integrated Waste Management Plan Fe (at the time of this MOU's execution, these component portions of the AB 939 consisted of $2.40 out of every $3.41 AB 939 Surcharge Fee). Unless the Jurisdictions unanimous! pass a resolution within thirty (30) days before the MOU's termination date, defining and 20
1 implementing an alternative method for calculating and distributing the cash balance i 2 the AB 939 Surcharge Account (Option Two), the Lead Agency shall proceed i 3 accordance with Option One: 4 1. Option One: Proportional Disbursement. 5 For Option One, the following, in the order listed, will occur: 6 a. Lead Agency will make an accounting of the Trust Fund, including 7 a determination regarding the total disbursable amount in th 8 Trust Fund, as well as any outstanding debts or other moneta 9 obligations, and determine the total amount that may b 1 O disbursed. Lead Agency will set aside sufficient money to satis 11 any and all debts and obligations and then calculate the the 12 remaining total disbursable amount in the Trust Fund. Thi 13 remaining total will be the amount that will be disbursed pursuan 14 to this Option One. 15 b. Lead Agency will take the total disbursable amount and divide i 16 into two equal halves. Each half will be disbursed as delineate 17 below. 18 c. Lead Agency will send a request, delivered pursuantto the notic 19 provisions in Section XII, for documentation and proof to eac 20 Jurisdiction. This Request shall request proof of all amounts eac 21 such Jurisdiction paid into the Trust Fund during the ten (10 22 years preceding the request for documentation, as well a 23 information regarding the Jurisdiction's respective population a 24 the time of the request. 25 d. Within thirty (30) days of the Lead Agency's request, al 26 Jurisdictions wishing to seek a portion of any disbursement wil 27 provide Lead Agency with documentation proving all amounts th 28 respective Jurisdictions paid into the Trust Fund during th ?1
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 preceding ten (10) years, as well as their populations at the tim of the request. It is and will be each Jurisdictions' responsibili to prove the foregoing. e. No sooner than sixty (60) days after the provision and receipt o all information requested in Section Vll.8.1.d, Lead Agency wil total all amounts proved by each Jurisdiction into one lump sum. f. The first half of the total disbursable amount will be divide amongst the entitled Jurisdictions based upon the amounts eac respective Jurisdiction paid into the Trust Fund over th preceding ten (10) years. For each Jurisdiction entitled to disbursement, Lead Agency will compare the amount th respective Jurisdiction paid into the Trust Fund over the ten (10 year period, with the total amount paid by all entitled Jurisdiction over the ten (10) period, by dividing the amount the Jurisdictio paid by the total amount paid by all entitled Jurisdictions. Th first half of the total disbursable amount in the Trust Fund will b multiplied by the resulting number. The calculated amount wil equal the first portion of the respective Jurisdiction's entitlemen to disbursement. g. After calculating the foregoing amounts, the second half of th disbursable amount in the Trust Fund will be divided amongst th Jurisdictions entitled to a disbursement by multiplying the ratio o each such Jurisdiction's population compared to the tota population provided by all entitled Jurisdictions by the second hal of the disbursable amount. The resulting numbers will equal th second portion of the respective Jurisdiction's disbursement. Fo example, if there is $100,000.00 in the second half of th disbursable amount, and a Jurisdiction's population represent 22
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2. five-percent (5%) of the total reported population, that Jurisdictio will be entitled to $5,000.00. h. Within ninety (90) days of completing the foregoing calculations, the Lead Agency will give notice, pursuant to Section XII, to al Jurisdictions regarding the foregoing requests, responses, an calculations, and the Lead Agency will disburse the amount owing to each Jurisdiction. i. Any Jurisdiction that fails to provide documentation or proof o amounts paid, including those that provide inadequat documentation or proof of amounts paid, or proof of th population of the Jurisdiction, pursuant to this Option One, will no be entitled to any disbursement. j. For purposes of this Option One (1), in the event that there ar any Jurisdictions that are not entitled to a disbursement, a delineated above, those Jurisdictions' populations will not b taken into account for purposes of any of the calculations in thi Option One (1). Option Two: An alternative method defined and adopted b 19 resolution by the governing bodies of all Jurisdictions no less than 30 days before th 20 MOU's termination date. 21 C. Disbursement of Assets acquired using monies from the Trust Fund will b 22 determined by way of Option Two, in Section VII.B.2. 23 VIII. AMENDMENTS 24 A. The Committee may amend any provision of this MOU. Amendments ofth 25 AB 939 Surcharge are governed by Sections V.B and V.C. 26 1. With the exception of certain MOU provisions governing th 27 Committee's scope of work as expressly specified above, (i.e., those provisions relate 28 to the R List, the AWP and the Committee Policies and Procedures), the approval of an
1 proposed amendment of any other provision of this MOU requires that an appropriat 2 amendment resolution and accompanying amendment to this MOU be executed by th 3 governing body of each and every one of the Jurisdictions. 4 2. Upon the request of and in consultation with the Committee, the Lead 5 Agency shall prepare for this purpose and provide, to the City Manager of each of th 6 CITIES, a draft of an appropriate amendment resolution and accompanying amendmen 7 to this MOU. 8 3. Based upon the parameters indicated in the draft amendmen 9 resolution, each Jurisdiction shall be asked to prepare, execute and provide the Lea 1 O Agency with an executed amendment resolution and an executed counterpart origina 11 signature page of the accompanying amendment to this MOU, following approval of sam 12 by its respective governing body. 13 4. If and when an amendment resolution has been executed an 14 provided by all of the Jurisdictions, the Lead Agency shall prepare an agenda item and 15 appropriate resolution requesting the COUNTY's Board to execute the COUNTY' 16 amendment resolution and to execute a counterpart original signature page of th 17 requested amendment to the MOU. 18 B. The Committee may propose a·nd execute changes or amendments to th 19 R List and/or the AWP (Section II and Section Ill) and/or Committee Policy an 20 Procedures (Section I), by a simple majority vote of the Delegates casting ballots, so Ion 21 as: 22 1. All such proposed changes/amendments to the R List, the AWP and 23 the Committee Procedures and Policies are noticed, pursuant to Section XII, to th 24 Delegates at least thirty (30)-days in advance. The notice must include a proxy ballo 25 form and a message indicating the date, time and location at which the propose 26 change(s)/amendment(s) will be discussed and voted upon. 27 2. A majority of Delegates must participate, in person or by proxy. (An 28 Delegate submitting a valid abstention shall be counted as a participant.) The votes shal 24
1 be calculated by adding the number of valid proxy ballots (received from Delegates no 2 physically present at the meeting) to the number of votes cast by those Delegates i 3 attendance at the meeting. 4 IX. PURPOSE OF THE L TF SUBCOMMITTEE 5 A. The Jurisdictions approved the restructuring of the L TF designating th 6 Committee to serve in the capacity and perform the functions of the LTF. The Committe 7 formed a separate Subcommittee (LTF Subcommittee) to perform these LTF function 8 developing its own separate set of guidelines and rules to govern itself and conduc 9 business. The L TF Subcommittee guidelines include rules regarding the L TF formation, 10 authority of the LTF, membership, meetings, designation of officers, responsibilities, 11 voting, and other related items. The duties and responsibilities of the L TF Subcommitte 12 are defined in Public Resources Code Section 40950, subdivision (c) as, "To ensur 13 coordinated and cost-effective regional recycling system, the task force shall do all of th 14 following: 15 1. Identify solid waste management issues of countywide or regional concern 16 2. Determine the need for solid waste collection and transfer systems 17 processing facilities, and marketing strategies that can serve more than on 18 local jurisdiction within the region. 19 3. Facilitate the development of multijurisdictional arrangements for marketing 20 of recyclable materials. 21 4. To the extent possible, facilitate resolution of conflicts and inconsistencie 22 between or among city and county source reduction and recycling 23 24 B. elements." As established under Public Resources Code Section 40950, subdivision 25 (d), "The task force shall develop goals, policies and procedures which are consisten 26 with guidelines and regulations adopted by the board (CalRecycle), to guide th 27 development of the siting element of the countywide integrated waste management plan.' 28
1 C. The L TF Subcommittee meetings will only be scheduled as needed t 2 address business as required under Public Resources Code Section 40950. Thes 3 meetings will be scheduled and noticed, pursuant to Section XII, and held at th 4 conclusion of regular Committee meetings. 5 D. A quorum, for purposes of the L TF Subcommittee, shall be five (5) 6 Jurisdictions. 7 X. [Intentionally Omitted] 8 XI. HOLD HARMLESS: 9 A. The COUNTY hereby agrees to indemnify and hold harmless each of th 10 signatory CITIES and their respective agents and employees, from and against all los 11 or expense (including reasonable costs and attorney's fees) by reason of liability impose 12 by law upon such signatory CITY for damages because of bodily injury, including deat 13 at any time resulting therefrom, sustained by any person or persons or on account o 14 damage to property, including loss of use thereof, arising out of or as a consequence o 15 the performance of this work. Provided, however, that the duty imposed by this Paragrap 16 shall be binding upon the COUNTY only if, and only to the extent, that such injury t 17 persons or damage to property is due to negligence of the COUNTY. 18 B. Each of the signatory CITIES hereby agrees to indemnify and hold harmles 19 the COUNTY and its agents and employees, from and against all loss or expens 20 (including reasonable costs and attorney's fees) by reason of liability imposed by la 21 upon the COUNTY for damages because of bodily injury, including death at any tim 22 resulting therefrom, sustained by any person or persons or on account of damage t 23 property, including loss of use thereof, arising out of or as a consequence of th 24 performance of this work. Provided, however, that the duty imposed by this Paragrap 25 shall be binding upon a signatory CITY only if, and only to the extent, that such injury t 26 persons or damage to property is due to negligence of such signatory CITY. 27 XII. NOTICE 28 Unless it is provided otherwise, for purposes of this MOU, each Jurisdictions 26
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Delegate or the Delegate's designee shall be provided with notice for any and all matter regarding or relating to this MOU, as provided in this Section. The Jurisdictions' Delegates or their designees shall serve as the persons to receiv any and all notice, as required by this MOU, or in any way related to this MOU. Eac Jurisdiction, as applicable, may request that notice be sent to their Alternate Delegate, · any, in addition to the notice that is sent to the Jurisdictions' Delegates. Each Jurisdictio will provide contact information for their Delegates, and Alternate Delegates if so desired as follows: 1. Telephone number; 2. Email address; 3. Physical address capable of receiving all forms of mail, delivery, etc. All notices between the Jurisdictions provided for or permitted under this MOU must be i writing and delivered either by personal service, by first-class United States mail, by a overnight commercial courier service, or by e-mail transmission. A notice delivered b personal service is effective upon service to the recipient. A notice delivered by first-clas United States mail is effective three COUNTY business days after deposit in the Unite States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnigh commercial courier service is effective one COUNTY business day after deposit with th overnight commercial courier service, delivery fees prepaid, with delivery instructions give for next day delivery, addressed to the recipient. A notice delivered by e-mail is effectiv when transmission to the recipient is completed (but, if such transmission is complete outside of COUNTY business hours, then such delivery shall be deemed to be effective a the next beginning of a COUNTY business day), provided that the sender maintains a read receipt of the completed transmission. For all claims arising out of or related to this MOU, nothing in this section establishes, waives, or modifies any claims presentation requirement or procedures provided by law, including but not limited to the Government Claims Ac (Division 3.6 of Title 1 of the Government Code, beginning with section 810). XIII. SEVERABILITY: 27
1 Should any part of this MOU be determined to be unenforceable, invalid, or beyon 2 the authority of either party to enter into or carry out, such determination shall not affec 3 the validity of the remainder of this MOU, which shall continue in full force and effect 4 provided that, the remainder of this MOU can, absent the excised portion, be reasonabl 5 interpreted to give effect to the intentions of the parties. 6 XIV. COUNTERPARTS: 7 This MOU may be executed in any number of counterparts, each of which when 8 so executed and delivered shall be deemed to be an original, and such counterpart 9 together shall constitute one and the same instrument and agreement. 10 XV. ENTIRE AGREEMENT: 11 This MOU constitutes the entire agreement among the Jurisdictions with respec 12 to the subject matter hereof and supersedes all previous negotiations, proposals 13 commitments, writings, advertisements, publications, and understandings of any natur 14 whatsoever unless expressly included in this MOU. 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 Ill 22 Ill 23 Ill 24 Ill 25 Ill 26 Ill 27 Ill 28 /II 28
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of th
2 day and year first hereinabove written.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY OF CLOVIS
A MUNICIPAL CORPORATION OF
THE STATE OF CALIFORNIA
("CITY")
B&e;~y
City of Clovis
ATTEST:
APPROVED AS TO LEGAL
FORM:
BY:~ )P,,,-
City Attorney, City of Clovis
REVIEWED AND RECOMMENDED
FOR APPROVAL:
BY: ( )~
Sco1rifectelfs, Public Utilities
Director, City of Clovis
FOR ACCOUNTING USE ONLY:
ORG No.: 9015
Account No.: N/A
Requisition No.: N/A
COUNTY OF FRESNO
, Chairperson of the Board of
..,.......,,"""14,. of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By ~~y
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as o
2 the day and year first hereinabove written.
3
4
5
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY OF COALINGA
FOR ACCOUNTING USE ONLY:
ORG No.: 9015
Account No.: N/A
Requisition No.: N/A
30
COUNTY OF FRESNO
s
ATTEST:
era, Chairperson of the Board
s of the County of Fresno
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
IN WrfNs~S-WHS~l;GF.,tbra parties h~.~~to have ex~cut~d this J\gr~~nientas of th ·
· 2 • c:iaYa11d yearfirsthereinal:mye wr-it;ten ..
·3
4
o~ . ,CITY.O_F:FI_Rl;E3AUGl:i'
5·
-,,T-_ --
8 j~ffl~~ge,,
9 ~: CityofFir.ebaugh ----
-10-·
-:1F
-12: · ;ATTESl",
•.. :13: "• Rita Lozano .
jt)~puly'¢ity,Clerk
14 ?1City_ofElr~baugtl. ·· ·
-18
. -19'
• -23·
. -24/
: -25
: -::25·-
. -27:-
•28 -
.. COUNTY ,_Of fRES~Q
. S ; Q ( _ e( ;; Chairperson oJthe Board·;of
· -s_ ' 9fthe County of F:Fe$rib ·
i. ~ATTEST:-·
: Ber:riice E Seidel
Clerk of:the Board o(Supervisors
·-_ Coufuty_oiite~no,:State'ot:CaHfo(nia---· -
31
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as o
2 the day and year first hereiriabove written.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
· 27
28
CITY OF FOWLER
~~ ;;,.
David Cardenas, Mayor
City of Fowler
ATTEST:
Jeannie Davis
City Clerk
City of Fowler
FOR ACCOUNTING USE ONLY:
ORG No.: , 9015
Account No.: N/A
Requisition No.: N/A
32 ·
COUNTY OF FRESNO
u· te , Chairperson of the Board of
s of the County· of Fresno
ATTEST:
Bernice E. Seidel .
Cl.erk of the Board of Supervisors
County of Fresno, State of California
Byc&JyJ·.~
ty
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as o
2 · the day and year first hereinabove written.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 FOR ACCOUNTING USE ONLY:
ORG No.: 9015
20 Account No.: N/A
21
22
23
24
25
26
27
28
Requisition No.: N/A
COUNTY OF FRESNO
ero Chairperson of the Board of
f the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of th
2 day and year first hereinabove written.
3
4 CITY OF HURON
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
ATTEST:
Juanita M. Veliz
City Clerk
City of Huron
20 ---FOR ACCOUNTING USE ONLY:
ORG No.: 9015
21 Account No.: N/A
22 Requisition No.: N/A
23
24
25
26
27
28
3.4
i_})-~--
COUNTY OF FRESNO
ATTEST:
o, Chairperson of the Board of
of the-County of Fresno
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By th,AP:·• %;d-
1 II/
2
3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as o
4 the day and year first hereinabove written.
5
6
7 CITY OF KERMAN
8
g Philip Gallegos, Community
Services Director
1 O City of Kerman
11
12
13
14
15
16
17
18
19
20
21 FOR ACCOUNTING USE ONLY:
ORG No.: 9015
22 Account No.: N/A
23
24
25
26
27
28
Requisition No.: N/A
COUNTY OF FRESNO
· te o, Chairperson of the Board of
s of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
-~-------
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of th
2 day and year first hereinabove written.
3
4
5
6
7
8
9
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTEST:
Abigail Palsgaard
City Clerk
City of Kingsburg
FOR ACCOUNTING USE ONLY:
ORG No.: 9015
_Ac_G,ount No.: N/A
Requisition No.: N/A
36
COUNTY OF FRESNO
ro, Chairperson of the Board of
,_,..fl~~""s of the County ofrFresno l \
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
uty
1 IN WITNESS -WHEREOF, the parties hereto have executed this Agreement as o
2 the day and year first hereinabove written.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY OF MENDOTA
Rolando Castro, Mayor
City of Mendota
ATTEST:
Matt Flood
City Clerk
City of Mendota
FOR ACCOUNTING USE ONLY:
ORG No.: 9015
Account No.: NIA
Requisition No.: N/A
COUNTY OF FRESNO
, Chairperson of the Board of
,_,.,,n,,...~ of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By
37
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of th
2 day and year first hereinabove written.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
FOR ACCOUNTING USE ONLY:
21 ORG No.: 9015
Account No.: N/A
22 Requisition No.: N/A
23
24
25
26
27
28
38
COUNTY OF FRESNO
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as o
2 the day and year first hereinabove written.
3
4
5
6
CITY OF~_;IE~
~~--&-
7 Antonio Gastelum, Acting City
Manager of the City of Parlier
8
9
10
11 ATTEST:
Bertha Augustine
12 Executive Assistant/Deputy City
Clerk
13
14
15 By5~
16
17
18
19 FOR ACCOUNTING USE ONLY:
ORG No.: 9015
20 Account No.: N/A
21
22
23
24
25
26
27
28
Requisition No.: N/A
39
COUNTY OF FRESNO
ATTEST:
Bernice E. Seidel
Clerk of the. Board of Supervisors
County of Fresno, State of California
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of th
2 day and year first hereinabove written.
3
4
5
.6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2_6
27
28
FOR ACCOUNTING USE ONLY:
ORG No.: 9015
Account No.: N/A
Requisition No.: NIA
40
COUNTY OF FRESNO
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
.9/
,.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of th
day and year first hereinabove written.
FOR ACCOUNTING USE ONLY:
ORG No.: 9015
Account No.: N/A
Requisition No.: N/A
COUNTY OF FRESNO
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
uty ·
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of th
2 day and year first hereinabove written.
3
4
5
6
7
8
9
10
11
. 12
13
14
15
16
17
18
19
20
CITY OF SAN JOAQUIN
21 FOR ACCOUNTING USE ONLY:
ORG No.: 9015
22 Account No.: N/A
Requisition No.: N/A
23
24
25
26
27
28
42
COUNTY OF FRESNO
u· ter , Chairperson of the Board of
of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofth
2 day and year first hereinabove written.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 .
22
23
24
25
26
27
28
CITY OF SELMA
~Avalos, Mayor
City of Selma
ATTEST:
Reyna Rivera
City Clerk
City of Selma
Re~
FOR ACCOUNTING USE ONLY:
ORG No.: 9015
Account No.: N/A
Requisition No.: N/A
COUNTY OF FRESNO
i tero, Chairperson of the Board of
of the County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
By r}y,bQ·. ~ .,uty