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HomeMy WebLinkAboutSan Diego, County of & various cities; 1993-06-22;12/22/ * THIRD AMENDMENT TO AGREEMENT BY. BETWEEN AND AMONG THE COUNTY OF SAN DIEGO AND THE CITIES OF THE COUNTY ESTABLISHING AN INTERIM SOLID WASTE COMMISSION AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE ("INTERIM AGREEMENT") m Whereas, the INTERIM AGREEMENT was entered into by and between and among the Membc Agencies, to take effect June 22, 1993 it was thereafter amended on two occasions; and Whereas, on December 16, 1993, the Interim Solid Waste Commission unanimously approved third amendment to the INTERIM AGREEMENT; NOW THEREFORE, the undersigned entities agree to the terms of the INTERIM AGREEMENT, together with the first and second amendments, which are incorporated herein by this referent Further, the undersigned entities agree to the following amendments to the INTERIM AGREEMENT: 1. This INTERIM AGREEMENT shall take effect as of June 22,1993, by, between and among the COUNTY and any of the Cities listed on Attachment A as have executed thi document on or before January 21, 1994. 2. All flow commitments made by a member agency shall revert to that member agency o May 31, 1994, if that city has not agreed to the permanent form of governance, unless by that date a majority of the Interim Commission has recommended and the County h issued the solid waste facility bonding described in Section 3.8 (a) (1) of this Agreement; in which event, only that flow committed to the Interim Commission shall revert to such city. 3. Notwithstanding Section 1.2.a. a surcharge will not be charged on the uncommitted second fifty percent of the wastestream which is disposed of at County landfills by citic that have signed the Interim Agreement, until the form of governance is determined (May 31,1994). Section 2.1 is amended to read: Subsection (c) is added to Section 3.8 to read: Section 1.4 is added to Part 1 to read: In Witness whereof, the parties have signed this Agreement as of the dates set forth. CITY CLERK \ '1 Ills - Date Aup~st 13 v To File 0 Reply Wanted From Isabelle ONo Reply Necessary Julie Ross, U&M, was sent the original agreement because USlM will get the remaining signatures. I've asked for a fully executed copy for our files. PRIN --pP, 0 * APPROVED BY STEERING COMMITTEE, 11 May 1992 Amended for Signature by Any or All Cities Paqe 1 AGREEMENT BY, BETWEEN AND AMONG THE COUNTY OF SAN DIEGO AND THE CITIES OF THE COUNTY ESTABLISHING AN INTERIM SOLID WASTE COMMISSION AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE ( "INTERIM AGREEMENT" ) This Agreement ("INTERIM AGREEMENT"), is entered i between and among the County of San Diego (t'COUNTY1t) and Cities within the COUNTY, for the purpose of providing a c flow of solid waste that serves as a basis for the COUNTY to issu bonds to finance the expansion and/or closure of the San Marco matters; and to develop a permanent governance authority to dea with regional solid waste matters that will promote the long ter health and safety of the residents of the COUNTY and the Cities. Now, therefore, the undersigned COUNTY and Cities (collectively "Member Agencies") agree to participate in good faith in th performance of this INTERIM AGREEMENT, and to act in a manner tha conforms to the spirit, intent and general premises of this INTER1 AGREEMENT, and in accordance with the following: 1.0 MEMBERSHIP 1.1 COUNTY Membershit,. To be a signatory of this INTER1 AGREEMENT and participate as a full member of the Interj Commission, the COUNTY is committing 100% of its Acceptable Was1 flow in accordance with the provisions of Part 3 of this documenl 1.2 To be a signatory of this INTERIM AGREEME1 and participate as a full member of the Interim Commission, ea( city is committing at least 50%, and may commit up to loo%, of ii Acceptable Waste flow in accordance with the provisions of Part of this document. A member city committing at least 50% of its Acceptab Waste flow at the time of signing this document may, until Decemb 1, 1993, deliver more than its committed Acceptable Waste to COUNTY facility and such additional waste shall not be subject the Economic Risk Surcharge set forth in this document at Part section 3.6, subsection d. City Membershit,. a. 1 EXHIBIT 2 0 W APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All Cities Page 2 b. On or before Jan 4, a member city may file a written addendum, in a for e to the Interim Commission, committing Acceptable Waste in addition to that committed in Section 1.2 (a) to the Interim Commission; on the terms set forth in Section 3.10. 1.3 Citv of Sari Diecfo MembershiD. Based on the City of San Diego's unique role in regional waste management issues, the City of San Diego may participate as an ex-officio non-voting member of the Interim Commission. The COUNTY will negotiate a separate agreement with the City of San Diego which reflects the City of San Diego's unique role in regional waste management issues. Such agreement will be brought before the Commission for review and comment prior to adoption. 2.0 EFFECTIVE DATE, TERM 2.2 Term. Except as otherwise provided in Part 3 of this INTERIM AGREEMENT concerning the commitment and disposal of Acceptable Waste, the term of the INTERIM AGREEMENT shall expire on May 31, 1994, unless sooner terminated by creation of a 'permanent. governance entity pursuant to Section 4.5(c). 3.0 COMMITMENT OF SOLID WASTE FLOW AND DISPOSAL OBLIGATION 3.1 Title. This Part of the INTERIM AGREEMENT shall be known as the tlFlow Control Covenant. I@ 3.2 To the extent allowed by law, each Member Agency agrees that the portion of its Acceptable Waste designated in the execution section of this document shall be delivered to the facility that the COUNTY reasonably designates. For purposes of this agreement, a 50% commitment constitutes the tonnage commitment for the respective Cities as set forth in Exhibit ttA@l, until adjusted by the Interim Commission. The Interim Commission may review the tonnage commitment and revise the apportionment. Commitaont of ACCeDtabl8 Waste. 2 APPROVED BY STEERING COMMITTEE, 11 May 1: Amended for Signature by Any 01: ~ll cit Page 2 b. On or before Ja 494, a member city may file written addendum, in a fo le to the Interim Commissic committing Acceptable Waste in addition to that committed Section 1.2 (a) to the Interim Commission; on the terms set fo: in Section 3.10. 1.3 City of San Dieqo Membership. Based on the city of Diego's unique role in regional waste management issues, the c of San Diego may participate as an ex-officio non-voting member the Interim Commission. The COUNTY will negotiate a separ agreement with the City of San Diego which reflects the City of Diego's unique role in regional waste management issues. s agreement will be brought before the Commission for review comment prior to adoption. 2.0 EFFECTIVE DATE, TERM 2.2 Term. Except as otherwise provided in Part 3 of this INTI AGREEMENT concerning the commitment and disposal of Accept: Waste, the term of the INTERIM AGREEMENT shall expire on May 1994, unless sooner terminated by creation of a permai governance entity pursuant to Section 4.5(c). 3.0 COMMITMENT OF SOLID WASTE FLOW AND DISPOSAL OBLIGATION 3.1 Title. the 'IFlow Control Covenant. 11 3.2 Commitmont of Acceptable Waste. To the extent allowed by each Member Agency agrees that the portion of its Acceptable W designated in the execution section of this document shal delivered to the facility that the COUNTY reasonably designa For purposes of this agreement, a 50% commitment constitutes tonnage commitment for the respective Cities as set fort1 Exhibit IIAtl, until adjusted by the Interim Commission. The Int Commission may review the tonnage commitment and revise apportionment. This Part of the INTERIM AGREEMENT shall be know 2 0 0 APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All Cities Page 3 3.3 Acceptable Waste Defined. a. llAcceptable Wastell is garbage, refuse, waste and othel matter which is legally acceptable at a Class IIX landfill pursuant to California Code of Regulations Title 23, Subchapter 15 or unde~ such laws or regulations as are in effect at the time of disposa: which is generated within its respective jurisdiction which, fo~ the COUNTY, consists of the unincorporated area. Except: wastc generated by a State or Federal governmental entity unless thc Member Agency has exercised control over such waste and chooses tc commit it; or waste generated by any person and transported 0: disposed of by or on behalf of a self hauler hauling less than 5 tons per month. Each Member Agency shall have the right, without penalty to recycle (as defined at Public Resource Code S 40180) any soli waste (as defined at Public Resources Code S 40191) by any mean selected by the Member Agency and any such recycled material shal be excluded from the commitment otherwise made to the COUNTY k this Flow Control Covenant. However, if the residue of th recycling process which can legally be disposed of at a Class I1 landfill exceeds five percent (5%) of such recycled material, SUC process residue shall be returned to the System for disposal unle: exempted by the COUNTY. 3.4 Enforcement of Flow Control. To the extent allowable by la1 each Member Agency shall establish, implement and carry out a was1 flow enforcement program which is sufficient to assure compliant with the Flow Control Covenant. This program may include to tl extent necessary and appropriate in the circumstances, but sha haulers (on an exclusive or nonexclusive basis), upon the conditic of compliance with the Flow Control Covenant, (2) adopti ordinances or resolutions requiring compliance with the F1 Control Covenant, and (3) taking enforcement actions under a such license, permit, franchise, ordinance or resolution. Dire municipal collection of Acceptable Waste shall not be requir hereunder unless all other available means andmethods of enforci the Flow Control Covenant have been unsuccessful. If any event circumstance (including without limitation a change or adver interpretation of applicable law) impairs or precludes compliar with the Flow Control Covenant by the means or methods then bej employed by the affected party, such party shall implemg alternative or substitute means and methods to enable it lawfully satisfy the terms and conditions of the Flow Conti Covenant. If a change or interpretation in applicable law impa or precludes either party from complying with the Flow Cont. b. ) not be limited to, (1) licensing, permitting or franchisii 3 APPROVED BY STEERING COMMITTEE, 11 M~~ 1 Amended for Signature by Any or ~11 cit Page 4 covenant by any means, such party shall use its best efforts, the extent practicable and subject to indemnification by COUNTY, to effectuate executive, legislative or judicial change or relief from the applicability of such law so as to enable c lawfully to resume compliance with the Flow Control Covenant soon as possible following such change or interpretation applicable law. Compliance by the affected party with obligations under this paragraph shall be deemed sufficient satisfy the its obligation to enforce the Flow Control Covenan a. Power to Exercise Flow Control. Each Member Agency represents that it has the rig power and authority under existing applicable law to enter ir comply with, implement and enforce the Flow Control Covenant. E party shall use good faith and best efforts to preserve, prot and defend its right and power to enter into, comply wi implement and enforce the Flow Control Covenant in accord? herewith against any challenge thereto, legal- or otherk (including any lawsuits by or against such party, whether plaintiff or defendant) by any person based upon breach contract, violation of law or any other theory. b. Consistency of Aqreements. As soon as practicable after the Effective Date, licenses, permits, contracts, agreements, leases, franchi: ordinances and resolutions of the affected party which are lawfi in effect with or pertaining to any person relating to or affec‘ Acceptable Waste shall, if and to the extent necessary, be amei to provide explicitly that the affected party shall have the r without material restriction to direct the delivery of committed Acceptable Waste in accordance with the Flow Con Covenant. On and after the Effective Date, the affected p shall not enter into, issue or adopt any license, permit, contr agreement, lease, franchise, ordinance or resolution whict materially inconsistent with the Flow Control Covenant. 3.5 COUNTY’S Disposal Obliaation. In a manner that is economi fiscally sound and reasonably protects the environment, the CO agrees to dispose of the Acceptable Waste directe!d by Me Agencies to the COUNTY under this Flow Control Covenant. 4 0 0 APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or ~ll Cities Page 5 3.6 The COUNTY may only charge a Member Agency for the disposition of Acceptable Waste by imposing a fee in an amount that does not exceed the COUNTY’S cost for providing such ’ disposal. All revenue, including interest earned thereon, fron disposal charges shall be placed in the Solid Waste Enterprise Func used only for solid waste purposes. a. TiD Fee to Member Auencv. The Tip Fee charged by thc COUNTY for the disposal of Acceptable Waste within the System shal: be sufficient to fund the reasonable and necessary costs foi operation, management and financing of the System, including solid waste facility closure and post closure costs, solid wast facility and mitigation fees. For the disposal of Acceptable Wast the COUNTY shall charge all sources in the unincorporated area, an shall charge a Tip Fee for waste delivered from a Member Agency. DisDosal Charues. (1) Solid Waste Facility Fee. (a) To the extent allowed by law, the COUNTY shal charge a Facility Fee for waste delivered fc processing or disposal to a system facility. TP COUNTY shall pay-over the collected Facility Fee t the City or COUNTY in the case of tk unincorporated area in whose jurisdiction tl facility is located to compensate the hostii member for the reoccurring impacts of having tl facility within its jurisdiction. The Facility FI shall initially be set at an amount equivalent ‘ the appropriate percentage for the facility tyi (as described below), as that percentage of the T Fee in effect on January 1, 1993. Thereafter, t Facility Fee shall be adjusted automatically a concurrently with any increase in the Tip Fee, an amount equal to the percentage increase in t Tip Fee but not greater than five percent (5%) the then current Facility Fee, whichever is less (b) Fee* (In effect on January 1, 1993): 0 Landfill = 10% of Tip Fee ($2.80) 0 Mixed Solid Waste Material Recovery Facili’ 0 Transfer Station = 5% of Tip Fee ($1.40) *For the purpose of the calculation in this section, the Tip Fee does not include the Facility Fee or the Mitigation Fee. Facility types and percentage of the Tip = 7.5% of Tip Fee ($2.10) 5 APPROVED BY STEERING COMMITTEE, 11 May 1 Amended for Signature by Any or ~11 cit Page 6 (c) If a jurisdiction has more than one Facility at the same location, or contiguous location, it would receive the higher of the applicable Facility Fees , but not more than one Facility Fee. (d) The Facility Fee for all future facilities shall be the Facility Fee for that type facility as of January 1, 1993 with adjustments as described in subsection (l), above. 2. Miticration Fee. (a) To the extent allowed by law and commenc July 1, 1993, the COUNTY shall impose a Mitigat Fee for waste delivered to a system facility. Mitigation Fee shall be in an amount that is f percent (5%) of the Tip Fee in effect on Januar) 1993. Thereafter, the Mitigation Fee shall adjusted automatically and concurrently with increase in the Tip Fee, by an amount equal to percentage increase in the Tip Fee or an amount greater than five percent (5%) of the then curl Mitigation Fee, whichever is less. (b) Mitigation Fee funds shall only be used specific projects that correct a documented im] arising from a system facility. Any City or COUNTY for the unincorporated area may apply to COUNTY for a share of the Mitigation Fee fui Mitigation Fee funds shall not be used fo mitigation measure which is required for compli( with the California Environmental Quality Act any other regulatory process. Moreover, any Me’ Agency which is receiving a Facility Fee fc particular facility will not be eligible to rec Mitigation Fee funds for that same facility. b. Economic Risk Surcharae. (1) To the extent allowed by law, in order to offset increased costs to the system and account for economic risks created by non-committed waste b deposited into the system, COUNTY may impose an Econ Risk Surcharge for the disposal of Acceptable Waste a non-signatory source or from a Member Agency in ex of the portion of Acceptable Waste committed under Flow Control Covenant. 6 0 APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or ~ll cities Page 7 (2) From July 1, 1993 to July 1, 1994 the surcharge shall not exceed fifty percent (50%) of the Tip Fee in effect at the time of the transaction, excluding the Solid Waste Facility Fee and the Mitigation Fee, if any. The criteria used to establish the Economic Risk Surcharge include but are not limited to: capital charges, the increased depletion rate of landfill capacity and timing effects. Economic Risk Surchargc funds shall only be used to pay for the costs of the operation, management and financing of the disposa! system. 3.7 Protection of Flow Control Covenant. If any challenge raise: issues common to the Member Agencies under this Flow Contro Covenant, the COUNTY through the Solid Waste Enterprise Fund shal indemnify and hold harmless the affected party from the reasonabl costs, fees and expenses properly allocable to defending such righ and power. 3.8 Emiration and Reversion of Flow Control Covenant. a. Expiration. This Flow Control Covenant shall expire c the first of any of the following to occur: (1) No Bond Issue. As to all members, on May 31, 1994 unless the COUNTY first relies on the Flow Contrc Covenant in issuing bonds to finance the San Marcc facility expansion and/or closure and to provic financing for other solid waste projects in tl approximate amount of $60 to $100 million; (2) Emiration of Term of Bond. As to all members, the COUNTY timely issues the bonds described above, t, Flow Control Covenant shall expire upon the expiration the term of such bonds or upon the refinancing of su bonds, but in no event later than 20 years from the da of the original bond issuance. (3) XmDroDer Charffe. As to affected members, if t COUNTY imposes on a Member Agency a fee that is r consistent with this Flow Control Covenant and after days written notice from the Interim Commission, COUT fails to adjust the fee so as to be in compliance w. this Flow Control Covenant and fails to refund or gri a credit for any over-charges; 7 APPROVED BY STEERING COMMITTEE, 11 May 1 Amended for Signature by Any 01 ~11 cit Page 8 (4) Failure To DisPose. As to affected members, if COUNTY is unable to dispose of all of the commit Acceptable Waste from the member and after 60 d written notice from the Interim Commission [Zounty fa to dispose of such waste; or (5) Leqal Impossibility. As to affected members, if law precludes a member from directing the flow Acceptable Waste to the COUNTY. b. Reversion. (I) To Member. Upon expiration of the Flow Con. Covenant to the COUNTY, the member's commitment of shall revert to the committing member; (2) To Interim Commission. In the event that permanent governance entity is not established purs to Section 4.5 (c) any flow committed to the Int Commission shall be retained by the Commission, allowed by law, otherwise to the Member Agency. (3) To Permanent Entity. If a permanent govern entity acceptable to the Interim Commission established pursuant to Section 4.5 (c) , the memb commitment of flow shall be assigned to th,at perma entity on the terms specified in the document crea the permanent entity. 3.9 Continuation of Interim Commission. Notwithstanding Sec 2.2 hereof, the Interim Commission established in Part 4 s continue to exist so long as is necessary to accomplish purposes of Part 3. 3.10 Flow Commitment to Interim Commission. Flow commitment t Interim Conmission shall be subject to the following covenani the Member Agencies: a. The commitment shall be for the same term of the in commitment made to the COUNTY. b. The COUNTY shall dispose of the commitment t.o the In c. In the event that a permanent governance entit established pursuant to Section 4.5(C), the flow committed t Interim Commission shall be assigned to that entity. that such an entity is not established, the Interim COmmi shall retain the commitment. Commission without surcharge until May 31, 1994. In the a 0 e APPROVED BY STEERING COMMITTEE, 11 May 1993 Amended for Signature by Any or All Cities Page 9 3.11 Alleqation. of Breach. In the event that a Member Agency alleges that another Member Agency has breached any part of this Part 3 or Section 4.6 the dispute shall be submitted to the Interir Commission; the determination of the Interim Commission shall constitute a rebuttable presumption of compliance with or breach of such part or section. 4.0 ESTABLISHMENT OF Interim Commission 4.1 Establishment. There is hereby established the Interir Commission to accomplish the purposes set forth herein. 4.2 ComDosition. The Interim Commission shall consist of onc commissioner from the County of San Diego who shall be ; Supervisor; one commissioner from each member city who shall be mayor or councilperson: and one ex-officio commissioner from th City of San Diego who shall be a mayor or councilperson Commissioners shall be appointed by their respective governin bodies which may also appoint an alternate commissioner. 4.3 Procedures. The Interim Commission shall be subject to th Ralph M. Brown Act (Gov. Code SS 54950 g& sea.) and shall adOF regulations to govern its internal operation. a. A Chairperson and Vice-Chairperson shall be chosen by tl Interim Commission. b. The Commission shall meet at least once each month on tl Commission's established regular meeting date. c. Special meetings may be called at the request of thrl commissioners with a minimum of 72 hours notice to all membe of the Interim Commission. d. A majority of the commissioners shall constitute quorum. e. Actions shall be determined by a majority vote of t commissioners, based on one vote per Member Agency. 'I Interim Commission may amend this document to establj procedures for a "Weighted Vote. " 4.4 Staff for Interim Commission. The COUNTY agrees to provj such County administrative staff as requested by the Inter Commission. The Interim Commission may request assistance from t staffs of the members. 9 APPROVED BY STEERING COMMITTEE, 11 May 1 Amended for Signature by Any or ~ll cit Page 10 4.5 Role of Interim Commission. a. Advice. The Interim Commission shall provide advice the Board of Supervisors of the COUNTY on the following matt that concern solid waste facilities, operation, rates financing: capital projects in excess of $50,000, dispo alternatives if the San Marcos site is closed, other dispc options, outside-county disposal, intra-county transfer of sc waste and Tip Fees. b. Notice and Omortunitv to Advise. Before considerir solid waste matter listed in Section 4.5(a), the COUNTY t provide to the Interim Commission a full staff report on each sc waste matter to be addressed by the COUNTY'S Board of Supervisc in sufficient time for the Interim Commission to consider matter on the agenda of the Interim Commission's regular meet. The COUNTY is not required to comply with this process wher emergency condition must be addressed and there is insuffic. time for compliance. In the event of such emergency, the CO1 shall provide a staff report to an Executive Committee appointe the Interim Commission. c. DeveloD Permanent Governance Entity. The Int Commission shall consider alternative organizational structu including a joint powers agreement, for exerting a unified ef to accomplish regional, solid waste objectives. No later than 31, 1994, the Interim Commission shall develop a perma governance entity designed to maximize the members' collec strength in pursuing their interests in disposing of solid wa The permanent governance entity: (1) Shall include all participating cities and COUNTY; (2) Shall be empowered to contract for solid ti processing and disposal; and (3) May be empowered to (a) take over and operate COUNTY facilities, (b) create new facilities' and contract with outside providers. d. Acceptable Waste Disposal. The Interim Commission provide for disposal of Acceptable Waste flow committed tc Interim Commission.2 10 0 e APPROVED BY STEERING COMMITTEE, 11 May 199.3 Amended for Signature by Any or All cities Page 11 4.6 Attaininu Sub-Reuional Disposal Obiectives. During the term of this INTERIM AGREEMENT, the COUNTY and the other Member Agencies agree: a. Process. To plan and implement the objective of providing facilities to meet the waste disposal needs of the various sub-regions of the County of San Diego, without unreasonably impacting another sub-region in an adverse manner. Any dispute shall be resolved by the Interim Commission in accordance with Section 3.11. b. North County Disposal Option. The County will use it2 best efforts to provide a North County disposal option. c. Waiver of Geoura~hic Objection. On condition that thc covenants set forth in Section 4.6(a) and (b) are being performed, not to object, on the basis of geographic origin, to the directior of Acceptable Waste to any facility. 5.0 MISCELLANEOUS PROVISIONS 5.1 Withdrawal. a. Procedure. If any Member Agency requests to withdra from this INTERIM AGREEMENT, the Interim Commission shall calculat the impact on the system of such agency's withdrawal taken i conjunction with all other members desiring to withdraw, and shal thereafter formulate, in negotiation with all such agencies, a se of final terms and conditions for early withdrawal which wil become effective upon approval of the Interim Commission. b. Limitation On Withdrawal Charues/Penalties. There shal be no charge or penalty imposed on the withdrawing Member Agency j the reason for withdrawal is the expiration of the Flow Contrc Covenant as to the withdrawing member. c. survi Val. Notwithstanding Section 2.2 hereof, th section 5.1 shall survive as long as the Interim Coxtunissic survives. 5.2 Notices. All notices, demands or requests pursuant to th INTERIM AGREEMENT shall be in writing. All notices, demands a requests to be sent to any member shall be deemed to have be properly given or served: a. On the date of actual personal service; or 11 APPROVED BY STEERING COWITTEE, 11 May 19 Amended for Signature by Any OK All citi Page 12 b. On the date actually received, if deposited in the Unit States mail, addressed to such party at the address of the Memk Agency,s regular meeting chambers, or other address de!signated the Member, postage prepaid, registered or certified, and wi return receipt requested. 5.3 Non-Severability. In the event that a substantive provisi of this INTERIM AGREEMENT shall be determined to be inval: illegal, or unenforceable in any respect, the parties hereto shi negotiate in good faith such amendments, modific:ations, supplements to this INTERIM AGREEMENT or such other appropri, action as shall, to the maximum extent practicable in light of si determination, implement and give effect to the intentions of q parties as reflected herein. If negotiations in good faith fa the INTERIM AGREEMENT, including the Flow Control Covenant, terminated. 5.4 Waiver of Breach. No breach of any provision herein can waived unless in writing. Waiver of any one breach of provision herein shall not be deemed to be a waiver of any ot breach of the same or other provision hereof. 5.5 All Parties hereto shall have the right to come any action at law or equity, including specific performance, remedy a breach of the terms herein, provided that neither Pz shall have the right to terminate this Agreement except as provi herein. Remedies. 5.6 No Third Party Riqhts. There are no third PZ beneficiaries of this Agreement. No action may be c:ommenced enforce this Agreement, except by a Member Agency. 5.7 Counterparts. This document shall be executed counterparts. 12 0 0 APPROVED BY STEERING COMMITTEE, 11 May 199: Amended for Signature by Any or All Citie: Page 13 IN WITNESS WHEREOF, the parties have signed this INTER11 AGREEMENT as of the dates set forth. COUNTY OF SAN DIEGO CITY OF LA MESA committing 100% of its Acceptable Waste flow Date: Date: committing - % of its Acceptable Waste flow. By: By : ATTEST: ATTEST: SUPERVISOR MAY OR CLERK CITY CLERK CITY OF CARLSBAD committing 50 % sf its committing - ?i of its Acceptable Waste Acceptable Waste flow. CITY OF LEMON GROVE - Date: By: MAYOR ATTEST: ATTEST: CITY &.c& CLERK 911- CITY CLERK CITY OF CHULA VISTA committing - % of its Acceptable Wast@ flow. Date: Date: By: By: ATTEST: ATTEST : CITY OF NATIONAL CITY committing - % of its Acceptable Waste flow. MAYOR MAYOR CITY CLERK CITY CLERK 13 APPROVED BY STEERING COMMITTEE, 11 May ' Amended for Signature by Any or All Cil Page 14 CITY OF CORONADO CITY OF OCEANSIDE committing - % of its committing % of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: By : By : ATTEST: ATTEST: MAYOR MAYOR CITY CLERK CITY CLERK CITY OF DEL MAFl CITY OF POWAY % of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: committing -- % of its committing - By : By : ATTEST : ATTEST: MAYOR MAYOR CITY CLEW CITY CLERK CITY OF EL CAJON CITY OF SAN MARCOS % of its committing - % of its Acceptable Waste flow. committing -- Acceptable Waste flow. Date: Date: By: By: ATTEST : ATTEST : MAYOR MAY OR CITY CLERK CITY CLERK 14 “1 J. B - Date June 29 To File 0 Reply Wanted From Isabelle Paulsen =No Reply Necessary The originals of the copies attached were delivered personally tc Frank Mannen. He will have the agreements sent to the County of San Diego for signature. PI ATTACHMENT B 8 RESOLUTION 9 3 -1 2 e c i FIRST ADDENDUM TO THE AMENDED INTERIM AGREEMENT BY, BETWEEN AND AMONG THE COUNTY OF SAN DIEGO AND VARIOUS CITIES OF THE COUNTY ESTABLISHING AN INTERIM SOLID WASTE COMMISSION AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE This first addendum to the amended Interim Agreement is entered into by, betwe and among the County of San Diego and various cities of the County. RECITALS WHEREAS, it is the desire and intent of the City of Carlsbad to cooperate a regional basis with other public agencies in the management of solid waste; ant WHEREAS, there remains great uncertainty as to the cost and availabilit) disposal options to the City of Carlsbad; and, WHEREAS, in light of uncertainties involving solid waste disposal, it is in public interest to preserve the City of Carlsbad’s right to pursue alternate meth of disposing of solid waste in a cost effective, reliable, and environmentally I manner. FIRST ADDENDUM NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties he as follows: 1. To the extent allowed by law, the City of Carlsbad agrees to COI 100% of its acceptable waste to the Interim Commission for a PC not to exceed three years. The CouaBoard of Supervisors is urged t tipping fee in order to obviate the need for long-term financing. A uniform tipping fee be established for all signatories to the amended lnte Agreement. The Interim Commission specifically address the following issues: tablish a pay-as-you. e 2. .. 3. 4. A. North County disposal alternatives B. C. Permanent governance organization The City of Carlsbad reserves the unilateral right to withdraw from amended Interim Agreement, if the above outlined conditions are not met i the City of Carlsbad shall not be subject to any penalty or sanctions exercising its right of withdrawal. These! conditions are intended to replace, supplement and amend th applicable sections of the proposed amended Interim Agreement approvec the Board of Superviors on June 1, 1993 and shall control in the even conflict between them. Capital Improvement and Funding Pian 5. 6. IN WITNESS VVHEREOF, the parties have signed this amended INTERIM AGREEMI as of the dates set forth. CITY OF SAN DIEGO CITY OF LA MESA committing % of its commiting % of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: By: By: SUPERVISOR MAYOR ATTEST: ATTEST: CLERK CITY CLERK a . 0 CITY OF LEMON GROVE CITY OF CARLSBAD committing 100 oh of its commiting % of its Acceptable Waste flow. Acceptable Waste flow. Date: 0 By: MAYOR AlTEST: ATTEST: CITY CLERK CITY CLERK CITY OF CHULA VISTA CITY OF NATIONAL CITY committing % of its commiting % of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: By: By: MAYOR MAYOR ATTEST: AlTEST: CITY CLERK CITY CLERK CITY OF CORONADO committing % of its Acceptable Waste flow. Date: Date: CITY OF OCEANSIDE commiting % of its Acceptable Waste flow. By: By: ATTEST: AlTEST: MAYOR MAYOR CLERK CITY CLERK * committing % 0 CITY commiting OF ‘”,. of its tab Acceptable Waste flow. CITY OF DEL MAR Acceptable Waste flow. Date: Date: By: By: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK CITY OF EL CAJON committing Acceptable Waste flow. Date: Date: CITY OF SAN MARCOS % of its commiting % of its Acceptable Waste flow. By: By: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK CITY OF ENCINIT’AS committing Acceptable Waste flow. Date: Date: CITY OF SANTEE % of its commiting % of its Acceptable Waste flow. By: By: MAYOR MAYOR ATTEST: ATTEST: CLERK CITY CLERK I CITY OF SmNA BEACH a % of commiting % of its Acceptable Waste flow. Date: 9 CITY OF ESCONDID committing Acceptable Waste flow. Date: - By: By: ATTEST: ATTEST: MAYOR MAYOR CITY CLERK CITY CLERK CITY OF IMPERIAL BEACH CITY OF VISTA committinq % of its commiting Yo of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: By: By: MAYOR MAYOR ATTEST: ATTEST: CITY CLERK CITY CLERK f . . - - . . - . .- . - -. - - - 'C 0 'ro RESOLLTTIO APPROVED BY STEERING COMMITTEE, 11 May 19 Amended for Signature by Any or All Citi Page 1 AGREEMENT BY, BETWEEN AND AMONG THE COUNTY OF SAN DIEGO AND THE CITIES OF THE COUNTY ESTABLISHING AN INTERIM SOLID WASTE COMMISSION AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE ( "INTERIM AGREEMENT") This Agreement ("INTERIM AGREEMENT"), is entered into 1 between and among the County of San Diego (l'COUNTYtt) and Cities within the COUNTY, for the purpose of providing a commi flow of solid waste that serves as a basis for the COUNTY to is: bonds to finance the expansion and/or closure of the San Marc can mutually participate in dealing with regional solid wa: matters; and to develop a permanent governance authority to dc with regional solid was'te matters that will promote the long tc health and safety of the residents of the COUNTY and the Citie: Now, therefore,, the undersigned COUNTY and Cities (collective "Member Agencies!') agree to participate in good faith in ' performance of this INTERIM AGREEMENT, and to act in a manner t: conforms to the spirit, intent and general premises of this INTE AGREEMENT, and in accordance with the following: 1.0 MEMBERSHIP 1.1 COUNTY Membership. To be a signatory of this INTE AGREEMENT and participate as a full member of the Inte Commission, the COUNTY is committing 100% of its Acceptable Wa . flow in accordance with the provisions of Part 3 of.this docume 1.2 City Membership. To be a signatory of this INTERIM AGREEM and participate as a full member of the Interim Commission, e city is committing at least 50%, and may commit up to loo%, of Acceptable Waste flow in accordance with the provisions of Par of this document. a. A member city committing at least 50% of its Accept2 Waste flow at t.he time of signing this document may, until Decen 1, 1993, deliver more than its committed Acceptable Waste t COUNTY facility and such additional waste shall not be subject the Economic Risk Surcharge set forth in th'is document at Part section 3.6, subsection d. 1 . .\. 0 0 APPROVED BY STEERING COMMITTEE, 11 May 19 Amended for Signature by Any or All Citi Page 2 b. On or before , a member city may file written addendum, in a to the Interim Commissic committing Acceptable Waste in addition to that committed Section 1.2 (a) to the Interim Commission; on the terms set for in Section 3.10. 1.3 Citv of 8an Dieao Membership. Based on the City of $ Diego’s unique role in regional waste management issues, the Cj of San Diego ma.y participate as an ex-officio non-voting member the Interim Commission. The COUNTY will negotiate a separ; agreement with the City of San Diego which reflects the City of : Diego/s unique role in regional waste management issues. SI agreement will be brought before the Commission for review i comment prior to adoption. 2 0 EFFECTIVE DATE, TERM .. . 2.2 Term. Except as otherwise provided in Part 3 of this INTE AGREEMENT concerning the commitment and disposal of Accepta Waste, the term of the INTERIM AGREEMENT shall expire on May 1994, unless sooner terminated by creation of a perman governance entity pursuant to Section 4.5(c). 3.0 COMMITMENT OF SOLID WASTE FLOW AND DISPOSAL OBLIGATION 3.1 Title. This Part of the INTERIM AGREEMENT shall be knowr the ltF1ow Control Covenant. VI 3.2 To the extent allowed by 1 each Member Agency agrees that the portion of its Acceptable Wz designated in the execution section of this document shall delivered to the facility that the COUNTY reasonably designat For purposes of this agreement, a 50% commitment constitutes tonnage commitment for the respective Cities as set forth Exhibit IVAta, until adjusted by the Interim Commission. The Intt Commission may review the tonnage commitment and revise apportionment. Commitrent of Acceptable Waste. 2 .' 0 0 APPROVED BY STEERING COMMITTEE, 11 May 199 Amended for Signature by Any or All Citie Page 3 3.3 Acceptable Waste Defined. a. llAcce]ptable Waste1' is garbage, refuse, waste and otht matter which is legally acceptable at a Class I11 landfill pursuai to California Code of Regulations Title 23, Subchapter 15 or undt such laws or regulations as are in effect at the time of disposi which is generated within its respective jurisdiction which, fc the COUNTY, consists of the unincorporated area. Except: was' generated by a State or Federal governmental entity unless tl Member Agency has exercised control over such waste and chooses commit it; or waste generated by any person and transported disposed of by or on behalf of a self hauler hauling less than tons per month. Each Member Agency shall have the right, without penalt to recycle (as defined at Public Resource Code S 40180) any sol waste (as defined at Public Resources Code S 40191) by any mea selected by the Member Agency and any such recycled material sha be excluded from the commitment otherwise made to the COUNTY this Flow Control Covenant. However, if the residue of t recycling process which can legally be disposed of at a Class I landfill exceeds five percent (5%) of such recycled material, st process residue shall be returned to the System for disposal unlc exempted by the! COUNTY. 3.4 Enforcement of Flow Control. To the extent allowable by 12 each Member Agency shall establish, implement and carry out a was flow enforcement program which is sufficient to assure complia with the Flow Control Covenant. This program may include to extent necessary and appropriate in the circumstances, but sh haulers (on an exclusive or nonexclusive basis), upon the condit (2) adopt of compliance with the Flow Control Covenant, ordinances or resolutions requiring compliance with the F Control covenant, and (3) taking enforcement actions under such license, permit, franchise, ordinance or resolution. Dir municipal collection of Acceptable Waste shall not be requi hereunder unless all other available means and methods of enforc the Flow Control Covenant have been unsuccessful. If any event circumstance (including without limitation a change or advc interpretation of applicable law) impairs or precludes complie with the Flow Control Covenant by the means or methods then be employed by the affected party, such party shall implen alternative or substitute means and methods to enable it lawfully satisfy the terms and conditions of the Flow Cont Covenant. If a change or interpretation in applicable law impl or precludes either party from complying with the Flow Con' b. ? not be limited to, (1) licensing, permitting or franchis 3 .\ 0 0 APPROVED BY STEERING COMMITTEE, 11 May 19' Amended for Signature by Any or All Citi Page 4 Covenant by any means, such party shall use its best efforts, the extent practicable and subject to indemnification by t COUNTY, to effectuate executive, legislative or judicial change or relief from the applicability of such law so as to enable Ci lawfully to resume compliance with the Flow Control Covenant soon as possilole following such change or interpretation applicable law. Compliance by the affected party with i obligations under this paragraph shall be deemed sufficient satisfy the its; obligation to enforce the Flow Control Covenant a. Power to Exercise Flow Control. Each Member Agency represents that it has the rig1 power and authority under existing applicable law to enter in1 comply with, implement and enforce the Flow Control Covenant. Ei party shall use good faith and best efforts to preserve, protc and defend its right and power to enter into, comply wii implement and enforce the Flow Control Covenant in accordai herewith against any challenge thereto, legal or otherw (including any lawsuits by or against such party, whether plaintiff or defendant) by any person based upon breach contract, violation of law or any other theory. b. Consistency of Aqreements. As soon as practicable after the Effective Date, licenses, permits, contracts, agreements, leases, franchis ordinances and resolutions of the affected party which are lawfu in effect with or pertaining to any person relating to or affect Acceptable Waste shall, if and to the extent necessary, be amer to provide explicitly that the affected party shall have the ri without mater.ia1 restriction to direct the delivery of committed Acceptable Waste in accordance with the Flow Cont Covenant. On and after the Effective Date, the affected p? shall not enter into, issue or adopt any license, permit, contrz agreement, lease, franchise, ordinance or resolution which materially inconsistent with the Flow Control Covenant. 3.5 COUNTY'S :Disposal Obliqation. In a manner that is economic fiscally sound and reasonably protects the environment, the CO1 agrees to dispose of the Acceptable Waste directed by Mei Agencies to the COUNTY under this Flow Control Covenant. 4 .. e a APPROVED BY STEERING COMMITTEE, 11 May 195 Amended for Signature by Any or All Citic Page 5 3.6 The COUNTY may only charge a Member Agent for the disposition of Acceptable Waste by imposing a fee in , amount that does not exceed the COUNTY'S cost for providing sut disposal. All revenue, including interest earned thereon, frc disposal charges shall be placed in the Solid Waste Enterprise Fui used only for solid waste purposes. a. TiP Fee to Member Aqencv. The Tip Fee charged by t COUNTY for the disposal of Acceptable Waste within the System sha be sufficient to fund the reasonable and necessary costs f operation, management and financing of the System, includin solid waste facility closure and post closure costs, solid was facility and mitigation fees. For the disposal of Acceptable Was the COUNTY shall charge all sources in the unincorporated area, a shall charge a Tip Fee for waste delivered from a Member Agency DisPosal CharqeS. (1) Solid Waste Facility Fee. (a) To the extent allowed by law, the COUNTY shz charge a Facility Fee for waste delivered j processing or disposal to a system facility. 7 COUNTY shall pay-over the collected Facility Fee the City or COUNTY in the case of 1 unincorporated area in whose jurisdiction facility is located to compensate the host member for the reoccurring impacts of having facility within its jurisdiction. The Facility shall initially be set at an amount equivalent the appropriate percentage for the facility t (as described below), as that percentage of the Fee in effect on January 1, 1993. Thereafter, Facility Fee shall be adjusted automatically concurrently with any increase in the Tip Fee, an amount equal to the percentage increase in Tip Fee but not greater than five percent (5%) the then current Facility Fee, whichever is le5 (b) Fee* (In effect on January 1, 1993): 0 Landfill = 10% of Tip Fee ($2.80) 0 Mixed Solid Waste Material Recovery Facil 0 Transfer Station = 5% of Tip Fee ($1.40) *For the purpose of the calculation in this section, the Tip Fee does not include the Facility Fee or the Mitigation Fee. Facility types and percentage of the Tip = 7.5% of Tip Fee ($2.10) 5 0 0 APPROVED BY STEERING COMMITTEE, 11 May 195 Amended for Signature by Any or All Citic Page 6 (c) If a jurisdiction has more than one Facility at the same location, or contiguous location, it would receive the higher of the applicable Facility Fees, but not more than one Facility Fee. (d) The Facility Fee for all future facilities shall be the Facility Fee for that type facility as of January 1, 1993 with adjustments as described in subsection (1) , above. 2. Miticration Fee. (a) To the extent allowed by law and commenci July 1, 1993, the COUNTY shall impose a Mitigati Fee for waste delivered to a system facility. T Mitigation Fee shall be in an amount that is fi percent (5%) of the Tip Fee in effect on January 1993. Thereafter, the Mitigation Fee shall adjusted automatically and concurrently with 2 increase in the Tip Fee, by an amount equal to t percentage increase in the Tip Fee or an amount I greater than five percent (5%) of the then currt Mitigation Fee, whichever is less. (b) Mitigation Fee funds shall only be used : specific projects that correct a documented imp; arising from a system facility. Any City or ' COUNTY for the unincorporated area may apply to ' COUNTY for a share of the Mitigation Fee func Mitigation Fee funds shall not be used for mitigation measure which is required for complia with the California Environmental Quality Act any other regulatory process. Moreover, any Mem Agency which is receiving a Facility Fee foi particular facility will not be eligible to rece Mitigation Fee funds for that same facility. b. Economic Risk Surcharcre. (1) To the extent allowed by law, in order to offset increased costs to the system and account for economic risks created by non-committed waste b6 deposited into the system, COUNTY may impose an Econc Risk Surcharge for the disposal of Acceptable Waste i a non-signatory source or from a Member Agency in ex( of the portion of Acceptable Waste committed under Flow Control Covenant. 6 .- e e APPROVED BY STEERING COMMITTEE, 11 May 19: Amended for Signature by Any or ~11 citic Page 7 (2) From 1, 1993 to 1, 1994 the. surchar shall not exceed fifty perc 50%) of the Tip Fee effect at the time of the transaction, excluding t Solid Waste Facility Fee and the Mitigation Fee, if an The criteria used to establish the Economic Ri Surcharge include but are not limited to: capit charges, the increased depletion rate of landfi capacity and timing effects. Economic Risk Surchar funds shall only be used to pay for the costs of t operation, management and financing of the dispo5 system. 3.7 Protection of Flow Control Covenant. If any challenge rai: issues common to the Member Agencies under this Flow Conti Covenant, the COUNTY through the Solid Waste Enterprise Fund sh? indemnify and h.old harmless the affected party from the reasonat costs, fees and expenses properly allocable to defending such ric and power. 3.8 Expiration and Reversion of Flow Control Covenant. a. Expiration. This Flow Control Covenant shall expire the first of any of the following to occur: (1) No Bond Issue. As to all members, on May 31, 19 unless the COUNTY first relies on the Flow Cont Covenant in issuing bonds to finance the San Mar facility expansion and/or closure and to prov financing for other solid waste projects in approximate amount of $60 to $100 million; (2) Emiration of Term of Bond. As to all members, the COUNTY timely issues the bonds described above, Flow Control Covenant shall expire upon the expiratio] the term of such bonds or upon the refinancing of E bonds, but in no event later than 20 years from the c of the original bond issuance. (3) ImproPer Charqe. As to affected members, if COUNTY imposes on a Member Agency a fee that is consistent with this Flow Control Covenant and afte days, written notice from the Interim Commission, CO fails to adjust the fee so as to be in compliance this; Flow Control Covenant and fails to refund or g a credit for any over-charges; 7 0 0 APPROVED BY STEERING COMMITTEE, 11 May 19: Amended for Signature by Any or All Citic Page 8 (4) Failure To Dispose. As to affected members, if tl COUNTY is unable to dispose of all of the committ, Acceptable Waste from the member and after 60 da written notice from the Interim Commission County fai to dispose of such waste; or (5) Lecfal Impossibility. As to affected members, if t law precludes a member from directing the flow Acceptable Waste to the COUNTY. b. Reversion. (1) To Member. Upon expiration of the Flow Contr Covenant to the COUNTY, the member's commitment of fl shall. revert to the committing member; (2) To Interim Commission. In the event that permanent governance entity is not established pursuz to Section 4.5 (c) any flow committed to the Intel Commission shall be retained by the Commission, allowed by law, otherwise to the Member Agency. (3) To Permanent Entity. If a permanent governa entity acceptable to the Interim Commission established pursuant to Section 4.5 (c) , the membe commitment of flow shall be assigned to that perman entity on the terms specified in the document creat the permanent entity. 3.9 Continuation of Interim Commission. Notwithstanding Sect 2.2 hereof, the Interim Commission established in Part 4 sh continue to exist so long as is necessary to accomplish purposes of Part 3. 3.10 Flow Commitment to Interim Commission. Flow commitment to Interim Commission shall be subject to the following covenants the Member Agencies: a. The commitment shall be for the same term of the init commitment made to the COUNTY. b. The COUNTY shall dispose of the commitment to the Intt c. In the event that a permanent governance entit1 established pursuant to Section 4.5(C), the flow committed to Interim Commission shall be assigned to that entity. In the e that such an entity is not established, the Interim Commis shall retain the commitment. Commission without surcharge until May 31, 1994. 8 0 0 APPROVED BY STEERING COMMITTEE, 11 May 19' Amended for Signature by Any or All Citic Page 9 3.11 Allecration of Breach. In the event that a Member Agen alleges that another Member Agency has breached any part of th Part 3 or Section 4.6 the dispute shall be submitted to the Inter Commission; t'he determination of the Interim Commission sha constitute a rebuttable presumption of compliance with or breach such part or section. 4.0 ESTABLISHMENT OF Interim Commission 4.1 Establishment. There is hereby established the Intel Commission to accomplish the purposes set forth herein. 4.2 ComDosition. The Interim Commission shall consist of c commissioner from the County of San Diego who shall be Supervisor; one commissioner from each member city who shall be mayor or councilperson: and one ex-off icio commissioner from t City of San Diego who shall be a mayor or councilpersc Commissioners shall be appointed by their respective govern. bodies which may also appoint an alternate commissioner. 4.3 Procedures. The Interim Commission shall be subject to Ralph M. Brown Act (Gov. Code S$ 54950 g& sea.) and shall ad regulations to govern its internal operation. a. Interim Commission. b. The Commission shall meet at least once each month on Commissioin~s established regular meeting date. c. Special meetings may be called at the request of tk commissioners with a minimum of 72 hours notice to all memk of the Interim Commission. d. A majority of the commissioners shall constitute quorum. e. Actions shall be determined by a majority vote of commissioners, based on one vote per Member Agency. Interim Commission may amend this document to estab procedures for a "Weighted Vote. 'I 4.4 Staff for Interim Commission. The COUNTY agrees to pro such County administrative staff as requested by the Int Commission. The Interim Commission may request assistance frorr staffs of the members. A Chairperson and Vice-Chairperson shall be chosen by 9 0 0 APPROVED BY STEERING COMMITTEE, 11 May 1'9! Amended for Signature by Any or All Citit Page 10 4.5 Role of Interim Commission. a. Advice. The Interim Commission shall provide advice the Board of Supervisors of the COUNTY on the following matte that concern solid waste facilities, operation, rates a financing: capital projects in excess of $50,000, dispos alternatives if the San Marcos site is closed, other dispos options, outside-county disposal, intra-county transfer of sol waste and Tip Fees. b. Notice and Opportunity to Advise. Before considering solid waste matter listed in Section 4.5(a), the COUNTY wi provide to the Interim Commission a full staff report on each sol waste matter to be addressed by the COUNTY'S Board of Supervisoi in sufficient time for the Interim Commission to consider t matter on the agenda of the Interim Commission's regular meetir The COUNTY is not required to comply with this process when emergency condition must be addressed and there is insufficit time for compliance. In the event of such emergency, the COUI shall provide a staff report to an Executive Committee appointed the Interim Conmission. c. Devellot, Permanent Governance Entity. The Intel Commission shall consider alternative organizational structur including a joht powers agreement, for exerting a unified eff to accomplish regional, solid waste objectives. No later than 31, 1994, the Interim Commission shall develop a perman governance entity designed to maximize the members' collect strength in pursuing their interests in disposing of solid was The permanent governance entity: (1) Shall include all participating cities and COUNTY; (2) Shall be empowered to contract for solid wi processing and disposal; and (3) May be empowered to (a) take over and operate COUNTY facilities, (b) create new facilities and contract with outside providers. d. AcceDtable Waste Disposal. The Interim Commission sl provide for disposal of Acceptable Waste flow committed to Interim Commission.2 10 0 0 APPROVED BY STEERING COMMITTEE, 11 May 19' Amended for Signature by Any or All Citil Page 11 4.6 Attainincr Sub-Recrional Disposal Objectives. During the te of this INTERIM AGREEMENT, the COUNTY and the other Member Agenci, agree: providing facilities to meet the waste disposal needs of t various sub-ragions of the County of San Diego, withc unreasonably impacting another sub-region in an adverse manne Any dispute shall be resolved by the Interim Commission accordance with Section 3.11. a. Process. To plan and implement the objective b. North County Disposal Option. The County will use i best efforts to provide a North County disposal option. c. Waiver of Geoffraphic Objection. On condition that 1 covenants set forth in Section 4.6(a) and (b) are being perform( not to object, on the basis of geographic origin, to the direct. of Acceptable Waste to any facility. 5.0 MISCELLANEOUS PROVISIONS 5 . 1 Withdrawal!. . a. Procedure. If any Member Agency requests to withd from this INTERIM AGREEMENT, the Interim Commission shall calcul the impact on the system of such agency's withdrawal taken conjunction with all other members desiring to withdraw, and sh thereafter formulate, in negotiation with all such agencies, a of final terms and conditions for early withdrawal which w become effective upon approval of the Interim Commission. b. Limitation On Withdrawal Charcres/Penalties. There sf! be no charge or penalty imposed on the withdrawing Member Agenc3 the reason for withdrawal is the expiration of the Flow Coni Covenant as to the withdrawing member. c. Survival. Notwithstanding Section 2.2 hereof, 1 section 5.1 shall survive as long as the Interim Commis: survives. 5.2 Notices. All notices, demands or requests pursuant to * INTERIM AGREEMENT shall be in writing. All notices, demands requests to be sent to any member shall be deemed to have 1 properly given or served: a. On the date of actual personal service; or 11 0 0 APPROVED BY STEERING COMMITTEE, 11 May 195 Amended for Signature by Any or All Citie Page 12 b. On the date actually received, if deposited in the Unite States mail, addressed to such party at the address of the Membc Agency’s regular meeting chambers, or other address designated 1 the Member, postage prepaid, registered or certified, and wii return receipt requested. 5.3 Non-Severability. In the event that a substantive provisic of this INTERIM AGREEMENT shall be determined to be invali illegal, or unenforceable in any respect, the parties hereto sha negotiate in good faith such amendments, modifications, supplements to this INTERIM AGREEMENT or such other appropria action as shall, to the maximum extent practicable in light of su determination, implement and give effect to the intentions of t parties as reflected herein. If negotiations in good faith fai the INTERIM AGIREEMENT, including the Flow Control Covenant, terminated. 5.4 Waiver of Breach. No breach of any provision herein can waived unless in writing. Waiver of any one breach of a provision herein shall not be deemed to be a waiver of any 0th breach of the same or other provision hereof. 5.5 All Parties hereto shall have the right to commen any action at law or equity, including specific performance, remedy a breach of the terms herein, provided that neither Pal shall have the right to terminate this Agreement except as provic herein. 5.6 No Third Party Riqhts. There are no third pal beneficiaries of this Agreement. No action may be commenced enforce this Agreement, except by a Member Agency. 5.7 Counterparts. This document shall be executed counterparts. Remedies. 12 0 0 APPROVED BY STEERING COMMITTEE, 11 May 195 Amended for Signature by Any or All Citic Page 13 IN WITNESS WHEREOF, the parties have signed this INTER: AGREEMENT as of the dates set forth. COUNTY OF SAN DIEGO committing 100% of its Acceptable Waste flow Date: Date: By : By : ATTEST: ATTEST: CLERK CITY CLERK CITY OF LA MESA committing - % of its Acceptable Waste flow. SUPERVISOR MAYOR CITY OF CARLSBAD CITY OF LEMON GROVE committing - % of its Acceptable Waste flow. Date: By: ATTEST: MAYOR CITY CLERK CITY CLERK CITY OF CHULA VISTA committing - !k of its Acceptable Waste flow. Date: L Date: By: By: ATTEST : ATTEST: CITY OF NATIONAL CITY % of its committing Acceptable Waste flow. - MAYOR MAYOR CITY CLERK CITY CLERK 13 0 0 APPROVED BY STEERING COMMITTEE, 11 May 19 Amended for Signature by Any or All Citi Page 14 CITY OF CORONADO CITY OF OCEANSIDE % of its Acceptable Waste flow. Date: % of its committing - committing - Acceptable Waste flow. Date: By : By : ATTEST : ATTEST: MAY OR MAY OR CITY CLERK CITY CLERK CITY OF DEL MAR committing - % of its Acceptable Waste flow. Date: Date: By : By: ATTEST: CITY OF POWAY committing - % of its Acceptable Waste flow. MAYOR MAYOR ATTEST: CITY CLERK CITY CLERK CITY OF EL CAJON Acceptable Waste flow. Date: By: By: ATTEST : CITY OF SAN MARCOS % of its Acceptable Waste flow. Date: committing -. % of its committing - MAYOR MAYOR ATTEST: CITY CLERK CITY CLERK 14 0 0 APPROVED BY STEERING COMMITTEE, 11 May 195 Amended for Signature by Any or All Citic Page 15 CITY OF ENCINITAS CITY OF SANTEE committing % of its committing % of its Acceptable Waste flow. Acceptable Waste flow. Date: Date: By: By : ATTEST : ATTEST: MAY OR MAYOR CITY CLERK CITY CLERK CITY OF ESCONDIDO committing - % of its Acceptable Waste flow. Date: Date: By: By: ATTEST: ATTEST : CITY OF SOLANA BEACH committing - % of its Acceptable Waste flow. MAYOR MAYOR CITY CLERK CITY CLERK CITY OF IMPERIAL BEACH committing - % of its Acceptable Waste flow. Date: Date: By: By: ATTEST: CITY OF VISTA committing - % of its Acceptable Waste flow. MAYOR MAYOR ATTEST: CITY CLERK CITY CLERK 15 0 0 -. ATTACHMEW "A" CITY WASTESTREAM COMMITMENT* Member Aaencv Waste Tons Chula Vista 82,399 Oceanside 80,450 Escondido 65,566 El Cajon 52,430 Vista 44,028 Carlsbad 38,149 National City 34,065 Encinitas 32,844 La Mesa 31,399 Santee 31,289 Poway 26,371 San Marcos 24,854 Imperial Beach 15,767 Coronado 15,503 14,327 Lemon Grove Solana Beach 7,663 Del Mar 2,875 600,000 * Calculation utilizes July 1992 population figures as approved by SANDAG