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Community Development Agency, Environmental Management Division, recommending the Board approve and authorize the Chair to sign the Seventh Amendment to Agreement for Services No. 139-S1111 (017-A-09/10-BOS) with Geosyntec Consulting Inc., retroactively extending the contract term one (1) additional year to December 31, 2014, with no net increase to the compensation for services related to the Meyers Landfill Cap Closure project.
Funding: Non General Fund Insurance (Federal Funding).
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Fiscal Impact/Change to Net County Cost
Through the continuing Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) litigation, the County has contributed money for site investigation obtained from the County's insurance carriers, Third Party Settlements, and closure grant funding from CalRecycle (formerly the California Integrated Waste Management Board). In previous actions, the Board of Supervisors approved General Fund contingencies in the amount of $6,313,156 to the Meyers Landfill special revenue fund. This funding was appropriated as a temporary loan from other General Fund budget appropriations in FY 2012-13 until it can be recovered from the US Forest Service (USFS) or ERRG (USFS engineering firm responsible for the closure design). Failure to payback this temporary loan will adversely impact other services provided by General Fund appropriations.
The federal court granted the County's Motion for Construction, Enforcement, and Modification of the Partial Consent Decree. The USFS appealed this decision and the case was heard by the Ninth Circuit Court of Appeals in October 2012. In January 2013, the Ninth Circuit Court ruled in favor of the County and directed the case back to the federal court. Rather than immediately initiating potentially lengthy and costly court proceedings, the County entered into mediated discussions with the USFS in an effort to come to a mutually acceptable final agreement on compensation to the County...
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