1994-117-Authorizing Town Manager To Execute An Agreement With The County Of Santa Clara For Participation In A Household Hazardous Waste Collection Program FY 1994-95RESOLUTION 1994 - 117
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT
WITH THE COUNTY OF SANTA CLARA FOR PARTICIPATION
IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FY 1994 -95
FOLLOWS:
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS
Authorize the Town Manager to execute the Agreement (Exhibit A) with the
County of Santa Clara to participate in a Household Hazardous Waste (HHW) Collection
Program for FY 1994 -95.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 1st day of August, 1994, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin, Mayor Randy Attaway
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED:
MAYOR HE TOWN O OS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO$,)GATOS
LOS GATOS, CALIFORNIA
CSD08:A: \RPS0S \CS080194.117
AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
This Agreement is made by and between the TOWN OF LOS GATOS (City) and
the County of Santa Clara (County) on the day of AUGUST 1994.
RECITALS
A. The County Board of Supervisors has approved a Countywide Household
Hazardous Waste Collection Program whereby residents of the county and
participating jurisdictions will have an opportunity to safely dispose of household
hazardous wastes on an appointment or emergency basis regardless of the specific
location at which an event has been scheduled.
B. The participating jurisdictions desire to provide residents with convenient
opportunities to safely dispose of their household hazardous waste in order to
encourage the proper disposal of toxic products and avoid unauthorized or improper
disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a
manner which creates a health or environmental hazard.
C. The participating jurisdictions desire to provide a safe, convenient, and
economical means for the residents of LOS GATOS , and residents of
unincorporated County areas to dispose of household hazardous wastes. These
wastes include, but are not limited to, common household products such as
household cleaning products, spot remover, furniture polish, solvents, oven cleaner,
insecticides, oil base paints, motor oil, antifreeze and car batteries. Residents of the
areas listed above will be eligible to bring household hazardous wastes to a
household hazardous waste collection event where these wastes will be accepted
for proper disposal as described below.
D. The participating jurisdictions desire to schedule Household Hazardous Waste
Collection Events (Events) during Fiscal Year 1994 -95.
NOW, THEREFORE, TOWN OF LOS GATOS, and COUNTY OF SANTA
CLARA AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which
each of the jurisdictions will participate in the Household Hazardous Waste
Collection Program (Program) available to the residents of the City of
LOS GATOS , residents of County unincorporated areas, and residents of other
participating jurisdictions. Participating jurisdictions are those jurisdictions who
entered into the "Agency Agreement for Countywide Household Hazardous Waste
Collection Program ".
FY 94 -95 Agreement Page 1 of 10
including motor oil, antifreeze, paint, and lead -acid batteries. When these centers
begin operation in Fiscal Year 1996, the costs per participant will be tracked
separately from the HHW mobile events. The Center operating costs shall also be
shared equally on a per vehicle basis for all acceptable waste, regardless of the
quantity, volume, or quality of the hazardous waste collected from a resident,
within the limits set forth herein. It will be assumed for billing and reporting
purposes that each participating jurisdiction is contributing to the waste stream in
proportion to the number of its residents served. The program will use a portion of
the grant funds to develop a public education program to promote the proper
disposal of used oil.
B. Conditionally Exempt Small Quantity Generator (CESQG) Program - The County
will expand the availability of services to accept hazardous waste from businesses
meeting the Title 22 definition of Commercial Small Quantity Source. Eligible
businesses within the county will be allowed to bring their hazardous waste to
CESQG collection events which will be scheduled in conjunction. with the mobile
HHW events. This program will not be subsidized by participating jurisdictions.
Services to businesses will be provided on a cost recovery basis, which will include
costs of program administration as well as on -site collection, transportation, and
disposal costs. The County will assume responsibility for collecting fees for
program services from participating businesses.
4. ROLE OF CITY
A. Scheduling: The City shall work with the County to determine the date(s) of the
Events. Although every effort will be made to accommodate City requests to
schedule an Event on specified dates, County shall determine the final dates.
B. Site Selection- The City shall coordinate with the County in locating and securing
sites for HHW Events. It is recognized that some of the cities participating in the
Program may not have appropriate sites available.
5. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These
include, but are not limited to compressed gas cylinders, radioactive materials, and
explosives. Other wastes not accepted as part of the HHW Program are wastes
generated as part of operating a business, including a home operated business.
Wastes from businesses meeting the Title 22 definition of a Commercial Small
Quantity Source will be allowed to bring their business waste to the program on a
cost recovery basis.
6. TRACKING OF WASTES ACCEPTED
Within 30 days following each quarter, the County will provide a report to the City
regarding participation rates from each jurisdiction. A midyear and year end report
will outline the types and quantities of waste collected, the amount of waste
diverted for reuse or recycling, the waste management method for each waste
FY 04 -95 Agreement Page 3 of 10
B. Reservation of Appointments for City residents: Each city or combination of cities
that are currently sponsoring household hazardous waste collection events shall
have 75% of the planned appointments reserved for their residents. The
appointments will be reserved by the County for up to two (2) weeks before the
Event. After this time all remaining appointments may be filled by residents of other
jurisdictions.
9. CITY FUNDING COMMITMENT
City agrees to commit up to S 60,000 to the Program during FY 94 -95 to
enable the County to serve approximately 125 vehicles from the City at an
average cost of $125.00 per car. Payment shall be made as stated in Section 11
below.
10. COST OF PROGRAM
A. Start -Up Costs: Start Up Costs are defined as the cost of equipment purchases
needed to begin the Program. Start -Up Costs to each of the participating
jurisdictions shall be a one time fee of $.025 per - household within its jurisdiction,
For non - census years, household population shall be determined by the State
Department of Finance, Demographic Research Unit. Any city that joins the
Program after Fiscal Year 1992 (July 1, 1991 - June 30, 1992) shall be required to
pay a start -up cost of $.025 (annually adjusted for inflation) per household within
the city. The Start -Up cost per household shall be adjusted as of July 1, 1992 and
annually thereafter to reflect changes in the San Francisco Oakland- San Jose
Metropolitan Area Consumer Price Index (All Urban Consumers; 1982 -84 = 100)
compiled and published by the United States Department of Labor, Bureau of Labor
Statistics.
City Start -Up Costs are $0.00 if City participated in the FY 93 -94 Program,
B. Event Costs (permits, licenses, service and supplies, transportation, disposal, and
costs of providing insurance as required by Program): The Event Costs shall be
shared equally on a per vehicle basis, regardless of the quantity, volume, quality, or
character of the hazardous waste collected from a resident, within the limits set
forth herein. The Program will accept household hazardous wastes, within the
limits set forth herein, from households who come to an event without an
appointment. The jurisdiction represented by households coming to an event
without an appointment will be charged the same amount per vehicle rate as regular
appointments- If additional programs such as recycle only drop -off centers and
permanent collection sites, are established during the period of this agreement,
costs for participation in these programs will be tracked and billed separately from
the Events.
FY 94 -95 Aereement Pace 5 of 10
commitment, each participating jurisdiction is responsible for the actual average
cost per vehicle (as defined in Section 10) multiplied by the number of vehicles from
that participating jurisdiction served during the Fiscal Year (July 1,1994 - June
30,1995).
C. The City may reduce its total dollar commitment to the Program during the
first three quarters of the Program year by giving a 45 day written notice to the
County of City's intent to reduce its financial commitment. City agrees not to
reduce total dollar commitment identified in Section 8, City Funding Commitment to
the Program by more than 20% during the term of this Agreement. Cities will be
notified in the event that the average cost per vehicle increases by 20% or more
above the average cost during the last fiscal year.
12. ACCOUNTING
The County shall employ means necessary to verify the place of residence of all
participants in the Program and provide a record to the City of its participating
residents within thirty DAYS following the end of each quarter.
13. TERM OF AGREEMENT
This Agreement shall be effective on July 1, 1994 and shall remain in full force and
effect. until terminated by either party hereto upon thirty (30) days written notice to
the other party or until midnight June 30, 1995, whichever comes first. This
Agreement may be extended from year to year upon written agreement of County
and City.
14. HOLD HARMLESS AND INDEMNIFICATION
County shall indemnity, hold harmless, and defend City, its officers, agents, and
employees with respect to any loss, damage, liability, cost or expenses, including
attorney's fees, arising from failure to comply with any provision of this Agreement
by County and /or its subcontractors or arising from performance of any of the work
or providing any of the services under this Agreement, including negligent acts,
except as required by the special provisions of the following paragraph.
City shall indemnity County for City's apportioned share of any liability incurred and
attributed to the Program for the transportation, treatment, or disposal of the
household hazardous waste, once the waste has been accepted by a licensed
hazardous waste hauler. Apportionment for disposal liability shall be determined by
the City's pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability "shall be determined by the
City's pro rata household participation at the event where the waste was generated,
The County will use reasonable efforts to obtain recovery from all available
resources, including insurance, of any liable hauler or liable disposal facility
FY 94-95 Agreement Page 7 of 10
15. NOTICES
All notices and communications herein required shall be in writing to the other party
as follows, unless expressly changed in writing:
TOW14
XGE>I:X' O 40 Manager David W. KnaRR_
TOWN OF LOS GATOS Town X00 of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
Santa Clara County Lee Esquibel, Director
Department of Environmental Health
P.O. Box 28070
San Jose, CA 95129
IN WITNESS WHEREOF, the parties have executed this Agreement.
"CITY'
TOWN
UTXY OF LOS GATOS
a municipal corporation
By:
TOWN U&WX (tf ( Manager
Attest:
"COUNTY"
COUNTY OF SANTA CLARA, a political
subdivision of the State of California.
By:
Chairperson, Board of Supervisor
Attest
QiXXl Clerk Clerk, Board of Supervisors
TOWN
APPROVED AS TO FORM: APPROVED AS TO FORM
AND LEGALITY:
�4f� Attorney eputy County Counsel
TOWN
FY 94 -95 Agreement
Page 9 of 10
EXHIBIT A
SANTA CLARA COUNTY -WIDE HHW PROGRAM
FY 1994 -1995 ESTIMATED BUDGET
PERSONNEL SERVICES
Staff Salary $164,508
Fringe Benefits $ 73,648
Environmental Technicians $ 50,000
CONTRACT SERVICES $465,000
MATERIALS AND EQUIPMENT $ 50,000
SERVICES FROM COUNTY
Departmental Overhead $ 70,000
Rent $ 12,000
Garage Auto Services $ 5,000
Telephone $ 3,500
County Counsel $ 2,000
TOTAL 5895,656
FY 94 -95 Agreement Page 10 of 10