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Health and Human Services Agency, Public Health Division, recommending the Board:
1) Approve and authorize the Chair to sign Agreement for Services 005-S1711 with the County of Placer for the provision of solid waste permitting services and enforcement activities within the County of El Dorado’s jurisdiction, for the term July 1, 2016 through April 31, 2021, with a maximum contractual obligation of $625,000; and
2) Authorize the Purchasing Agent, or designee, to execute further documents relating to Agreement for Services 005-S1711, including future amendments which do not increase the maximum dollar amount or term of the Agreement, and contingent upon approval by County Counsel and Risk Management.
FUNDING: State of California Department of Resources Recycling and Recovery Grant and solid waste franchise fees from the County’s Community Development Agency, Environmental Management Division.
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DEPARTMENT RECOMMENDATION:
Health and Human Services Agency (HHSA) recommending the Board approve Agreement for Services 005-S1711 with the County of Placer to provide solid waste permitting services and enforcement activities within the County of El Dorado’s jurisdiction on behalf of the County of El Dorado and as required to comply with State mandates.
Additionally, HHSA has determined, in accordance with County Ordinance Section 3.13.030, it is more economical and feasible to engage an independent contractor to provide solid waste permitting services and enforcement activities within the County of El Dorado’s jurisdiction.
DISCUSSION / BACKGROUND:
The County of El Dorado is mandated by the State to have a Local Enforcement Agency (LEA) oversee the enforcement of solid waste laws within the County. In 1992, the California Integrated Waste Management Board (now known as the California's Department of Resources Recycling and Recovery [CalRecycle]) officially designated and certified the El Dorado County Building Department (now known as the Community Development Agency) as the Local Enforcement Agency (LEA).
While the LEA was initially placed under the County’s Community Development Agency, Environmental Management Division, its operation of the Union Mine Landfill was viewed as a potential conflict of interest. Therefore, in 1995, the Public Health Division was assigned the responsibility for the LEA from the County’s Building Department via Board Resolution 2-95.
State law requires the County to staff the LEA with a full time environmental health specialist. This requirement can be met by contracting with a neighboring jurisdiction possessing full-time staff with expertise in solid waste management. Placer County is a certified Local Enforcement Agency that employs full-time staff with expertise in solid waste management and has provided contracted LEA services to the County of El Dorado since 1996. This arrangement has been economical for El Dorado County and has allowed the County to continue to successfully meet State mandates.
ALTERNATIVES:
Disapproval of Agreement for Services 005-S1711 will result in the County, through its Environmental Health Division, being unable to enforce mandated solid waste laws within the County as required under California Code of Regulations, Title 14, Division 7, Chapter 5. It would also necessitate with the County having to enter into an Agreement with another neighboring County for these services, if that County met the requirements under these laws.
OTHER DEPARTMENT / AGENCY INVOLVEMENT:
County Counsel, Risk Management, Community Development Agency and Human Resources.
CAO RECOMMENDATION:
It is recommended that the Board approve this item.
FINANCIAL IMPACT:
There is no Net County Cost associated with this Agenda item. Sufficient appropriations will be included in the fiscal year (FY) 2016-2017 Budget and will be included in future budgets for the term of the Agreement
CLERK OF THE BOARD FOLLOW UP ACTIONS
1. Clerk of the Board to obtain signature of Chair on two (2) original Agreements for Services 005-S1711.
2. Clerk of the Board to return one (1) fully executed Agreement to HHSA at 3057 Briw Road.
STRATEGIC PLAN COMPONENT:
N/A
CONTACT
Don Ashton, M.P.A., Director