DATE: May 21, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Retroactive Agreement Template of the Non-Exclusive Waste Hauler Agreement Program
RECOMMENDED ACTION(S):
TITLE
Approve the amended template for the Non-Exclusive Waste Hauler Agreement and authorize the Director of Public Works and Planning, or designee, to execute on the County’s behalf each separate individual Agreement based on that template, including successor Agreements, with all Non-Exclusive Waste Haulers, effective April 1, 2024.
REPORT
The recommended action amends the Agreement template used as a mechanism to implement the Non-Exclusive Waste Hauler Agreement (NEWHA) Program to provide for a more comprehensible Agreement, which includes updated language and definitions, ensures compliance with current and future regulations and reporting requirements, integrates the County’s current insurance limit requirements, and provides and easy understandable process for suspension or revocation of the NEWHA Permit (Permit). The recommended action also authorizes the Director of Public Works and Planning and/or his designee to execute the NEWHA, reducing the need for staff to return to the Board for approval of each NEWHA. This item is countywide.
ALTERNATIVE ACTION(S):
If the recommended action is not approved by your Board, the above-listed Agreement template will remain unchanged; however, it will not contain the necessary language changes to ensure compliance with all local, State, and Federal regulations and the County’s current insurance limits.
RETROACTIVE AGREEMENT:
The recommended Agreement is retroactive to April 1, 2024 to allow the current NEWHA haulers the ability to conduct business without loss of contract.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. Costs for administration of the program will be funded by service fees paid by the hauler(s) who execute a NEWHA.
DISCUSSION:
On February 23, 2021 the Board approved a NEWHA template, which provided the mechanism to implement the NEWHA program and delegated authority to the Director of the Department, or designee, to execute on the County’s behalf, the separate agreements based on that template, including successor agreements with NEWHA haulers. The recommended action would approve the amended NEWHA template (Exhibit A) to provide for a more comprehensible Agreement, which includes update language and definitions, ensures compliance with current and future regulations and reporting requirements, updates insurance requirements to the County’s recommended limit, and provides an easily understandable process for suspension or revocation of the NEWHA Permit.
The recommended action would also authorize the Director of Public Works and Planning, or designee, to execute on the County’s behalf each separate individual NEWHA based on the amended template, including successor Agreements.
REFERENCE MATERIAL:
BAI #30, February 23, 2021
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - NEWHA Template
CAO ANALYST:
Salvador Espino