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1999-111-Execute The Second Amendment To The Agency Agreement With The County For Participation In A Household Hazardous Waste Collection Program For FY 1999-001tESOI,UTI®N 1999 - I lfl .RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF .LOS GATDS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SECONDAMENDMENT TO THE AGENCY AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR FY 1999-00 THE T®WN COUNCIL ®F THE TOdVN ®F LOS GATDS RESOLVES AS FOI,LOdVSe That the Town Manager is authorized to execute 1.) the Second Amendment. to the Agency Agreement (Exhibit A) with the County of Santa Clara to participate in the Countywide Household .Hazardous Waste (HHW) Collection Program for FY 1999-00, .and 2.) .future amendments to the Agreement so long as they conform to the adopted Town budget. PASSED AND ADOPTED at a regular meeting of the'Town Council of the Town of Los Gatos, California, held on the 19th day of July, 1999, by the following vote: COiJNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins NAYS: None ABSENT: None ABSTAIN: None SIGNED: , .MAYOR F THE TOWN OF LOS GATDS LOS GATDS, CALIFORNIA ATTEST: .~r CLERK OF THE TOWN OF L~~S ATOS LOS GATDS; CALIFORNIA l 1 ~~ ~n~~r ca.:~~x tC~;C, - SECOND AMENDMENT ~,~~ /~~~~I~...~.~. TO AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM SANTA CLARA COUNTY .Department of Environmental 'Healfih Hazardous Materials Compliance Division Household Hazardous. Waste And Conditionally .Exempt Small Quantity generator Programs PO Box 2.8070 San Jose, CA 95159-8070 Attention: Sharon Dowell June 2:3, 1999 ~~ i SECOND AMENDMENT TO AGENCY AGREEMENT FOR COUNTYWhc HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This is the Second Amendment to that certain Agreement between the of {Cityl and the County of Santa Clara (County) entitled AGENCY A'GREEME'NT FOR COUNTYiNIDE HOUSEHOLD. HAZARDOUS WASTE COLLECTION '.PROGRAM (Program)., which became effective on July 1, 1997, and was previously . ° . amended as of June 9, 1998. The parties agree that: 1. Section 2C, Battery, Oil, Paint (BOP/ Centers,. is amended by deleting the following two centers from the BQP Centers location list; Sunnyva/e Recyc/ing Center, 164 Cai/ Ave., Sunnyva/e • Tenth Street Center, 1600 10th Street, San Jose 2. Section 2, Services Provided by County is amended by adding Section 2L, Permanent HHW Facilities, as follows: The County shall conduct Household .Hazardous Waste (HH1N) Collection Events '(Events-, in accordance with the Schedule set forth in Appendix A, at two Permanent HHW,Facilities located in Santa Clara- County. The- County shall obtains all necessary permits and licenses required for the Permanent '.HHW .Facilities and Events, and shall provide or contract for the services of ,properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to Properly receive, package, label, store, hoof, recycle and dispose of the HHW colleo~ted at the'Events. The Permanent HHW .Facilities may operate Reuse Programs, offering reusable materials to the public at no charge. The Permanent HHW Facilities may accept hazardous waste from Conditionally Exempt -Small auantity Generators (CESaGs) by :appointment and for a fee, determined by the County:, based on the .cost of services provided. . • The 'Permanent HHW Facilities are located at: • Sunnyva/e Recycling Center, 164 Carl Ave., Sunnyvale • Tenth• street Center, 1600 70th Street, San Jose 3. Section 2•Services Provided'by County is amended by adding Section.2M, Services and funding for Non-Profit Charitable .Reuses, as follows: A Non- Profit Charitable Reuses is a charitable organization, as defined in Section 5011C113:) of the Federal'Internal Revenue Code, or as a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent (50%:) of its revenues from the handling and sale of those donated goods or materials. In order to qualify as aNon-Profit Charitable Reuses, the business must submit to the `.Director of Environmental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on the designation. The County will accept abandoned hazardous waste from Non-Profit Charitable Reusers and will waive disposal fees on the cost of disposal of-the abandoned :hazardous waste in an~ amount not to exceed $3b,000 for-the entire Program. Once the cost for disposal of the abandoned hazardous waste from Non-Profit Charitable Reusers reaches Second Amendment tto Agency Agreement 2 FY 2000 530,000 for t1`ie Program, disposal fees: shall' no long"vr be waived. No costs shall be applied to the participating City's budgets. Non.-.Profit Charitable . Reusers will assume liability fpr their pro rata portion of hazardous waste managed by the Program. Contingent upon budget approval by the Board of Supervisors, the County of Santa. Clara will provide an amount not to exceed S49,500 in one-time funds to the HHW Program for the following purposes: A. To pay for staffing and supplies that will add' two hours of operation on one day per week in Fiscal Year 2000 to the Tenth Street. HHW Facility in San Jose for CESQGs and for Non-Profit Charitable Reusers; B. To compensate the HHW Program for waiving disposal fees, in an amount not to exceed' $30,000,. for Non-Profit Charitable. Reusers that would drop-off abandoned, hazardous wastes during these two hours of operation;: and C. l'o produce appropriate signage in several languages regarding. illegal dumping that. will be installed.: at the approximately 80 mobile and retail. collection sites of Non-Profit. Charitable Reusers.. 4. Section 2, Services Provided. by County is amended by adding Section 2N, Additional Services, as follows: A City may elect. to amend tMe City Agreement to add additional' services with the County in addition to the HHW .Program as outlined in the Agreement. Additional services shall be made upon written agreement between the. and the-Director of the Depactrnent of Environmental Health.. All services will be provided on a cost recovery basis: Additional services may include, but are not limited to, Door-tA-Door HHW .Collection, Used Oil Filter Collection, Abandoned Waste`Collection, and Storm Drain Stenciling. 5. Section 4 Cost of Program is amended by adding Section 4A4, Permanent HHW Facilities Costs, as follows: Permanent HHW Facility Costs (program staffing, operational' costs, permits, licenses; service and supplies, storage, transportationo disposal, promotion, source. reduction. educational material, facility leases, facility maintenance, and costs of provic(ing~ insurance as required by the Program): The per-vehicle cost for the Permanent. HHW' Facilities will be determined by dividing the total costs of; the two Permanent HHW Facilities by the number of vehicles. served, regardless: of the quantity, volume, quality, or character of the hazardous waste collected from a residents within. the limits. set forth in the Agreement. The participating. jurisdiction represented by .households who come to the Permanent HHW Facilities without an appointment will be charged the same per vehicle rate. as households with regular. appointments. 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', 6. Section 5A, CITY FUNDING COMMITMENT, is amended by adding.: a new paragraph to read as follows: City agrees to budget up to 5 to the Countywide Program during: FY' 2000. °The per vehicle. costs ,for service are estimated at 597at the Mobile HHW Events,, and. 590 at the Permanent HH1N Facilities. Payment: shall be made as described in Section 6C below. Second Amendmentto Agency Agreement. 3 FY 2000 7. Section 6, PA's cNT TO COUNTY, is amended by r(~ king, Section 6A, to read ~ as follows: Payment for Mobile Events, 'the BOP tenter, and 'Permanent HHW Facilities costs for fY .2000., based on the committed budget above, are .due in four (4) equal installments :and a final reconciled payment if necessary. City shall make payment to County in .accordance with the #ollowing schedule. FY' 2000 Invoice Payment 'Due ` Quarter ' Service Dates Date Date 1 July., August, August 1, 1999 September 1, September, 1999 1999 2 October, November, ' November 1, 1999 December 1, December, 19.99 ~ 1'999 3 January, .February., February 1, 2000 . March 1, 2000 Marche, 2000 4 April, May, June, May 1, 2000 June 1, 2000 2000 - Final Reconciliation of September 15, October 15, fiscal Year 2000 2000 ~ 2000 At the end of each fiscal year, a final annual cost statement shall'be prepared by the County and issued to the City by September 15, 2000. The annual cost statement will take into consideration all costs incurred on behalf of the City and all payments made by the City to the County. If any balance is owed to the County, it will be due by October 15, 2000 following receipt of the annual- cost statement. If any credit is owed to the City, the City shall select one of the following three options: 1. A credit will be issued to the City for the second quarter billing period of the following fiscal year and any future billing period until the credit is used. 2. City may use credit to increase total commitment amount agreed to for the following fiscalyear. 3. City may request a refund. If a refund is requested, .payment wilt be made within 30 days from the receipt of a written request from -the City. City elects option 3 as its choice if payments exceed actual costs. In the event that no Agency Agreement is entered into between the County and the City for the next fiscal year, the County vvill refund to the City any overpayment made by the City by October 15, 2000. 8: Section 8, TERM OF AGREEMENT is amended to read: This Agreement shall be effective on July 1, 1'997 ar~d 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, 2000, whichever comes first. This Agreement may be extended from year to year upon written :agreement of County and City. Second Amendment to Agency Agreement 4 ~ 2000 9. Appendix A a`c'id. Appendix_B are amended. as, attachatl' hereto and incorporated! herein by reference.. 10. Except`as amended herein, all terms. and conditions of the Agreement. shall remain in full force and effect.. 1 1. This Second Amendment to Agency Agreement for Countywide Household Hazardous Waste Collection Program is effective on July 1, 1999. WHEREFORE. the parties, through their duly authorized representative, have entered into this Second Amendment to Agency Agreement for Countywide Household Hazardous Waste Collection Program. on the dates shown below: OF (City),., COUNTY OF SANTA CLARA; a a municipal corporation. political subdivision of the State of California.. Name: Lee Esquibel . Title: ~ ~ Director Dept: Dept.. of Environmental Health Dated. Dated ATTEST: Name: Title: APPROVED AS TO FORM: Name: Title: APPROVED AS TO FORM AND LEGALITY: Kathy Kr c mer Deputy County Counsel Second Amendment. to Agency Agreement $ ~ 2000 APPENDIX A COUNTYWIDE HAZARDOUS WASTE DROP-OFF SCHEDULE 'FOR FISCAL YEAR 2000 Permanent HHV1/ Facility .Hours: 8 a.m. to 1 p.m. * Mobile HHW Hours July 10, 1999 = : 9:00 a.m. to 2 p.m.. (In Bold ) San Jose Facility July 17, 1999 . Sunnyvale Facility August 14, 1999 San Jose Facility ' .August 21, 1999 Sunnyvale Facility August 28, 1999 Cupertino Event* September 1 1, 1999 San Jose Facility September 18, 1999 Sunnyvale Facility October 9, 1999 ~ ~ ' San Jose 'Facility October 16, 1999 Sunnyvale'Facility October 23, 1999 West Valley Event* November 6, 1999 8 HOUR TRAINING FOR STAFF = NO EVENT November 20, 1999 Sunnyvale facility December 11, 1999 San Jose Fac, ility January 8; 2000 San Jose Facility January 15, 2000 Sunnyvale Facility February 12, 2000 San .Jose Facility February 19, 2000 Sunnyvale Facility March 11, 2000 San Jose Facility ' March 1'8, 2000 Sunnyvale Facility April 1, 2000 Los Altos Event* April 8, 2000 ~ San Jose Facility April 15, .2000 Sunnyvale Facility April 29, 2000 Stanford Event' May 6, 2000 Milpitas Event* . May 13, 2b00 San Jose Facility May 20, 2000 ~ ~ Sunnyvale Facility June 3; 2000 South County Event* June 10, 2000 San Jose Facility June 17, 2000 Sunnyvale Facility ' 1-408- 299-7300 Call for Pre-Registration and Information Second Amendment to Agency Agreement ( FY 2000 ,a .~ • APPENDIX B HAZARDOUS WASTE RECYCLING & DISPOSAL. PROGRAMS • ESTIMATED FY 2000 HHW BUDGET BUDGET CATEGORY TOTAL PROGRAM STAFF Staff Salary, Benefits (4 FTEI $ 290,.4:90 Grant Funded Salary, Benefits 11.5 FTE) $ 80,638 Week-end Event •Technicians $152,539 Indirect Costs $ 91;911 Indirect Costs,. Grant funded $ 16;692 OFFICE EXPENSES $ 22;000 Postage, Printing, Phone., Supplies EDUCATION PROGRAMS $ 10,000 Event Advertising, Source Reduction SAFETY SUPPLIES $ 19,688 Personal' Protective Equipmento • Small Tools, Monitoring Equipment Oil Grant Funded Supplies $ 1.:0,000 PROGRAM' SUPPORT County Counsel, GSA,. Vehicles, $ 2b000 Staff Training $ 7;000 Training, Grant Funded $ 4,000 ;WASTE. MANAGEMENT CONTRACTS • Transportation, Recycling, Disposal' $431.,675 Recycling, Grant Funded. $ 9,600 SITE SUPPORT Dumpsters, Port-a-potties, Use Fees $ 14,000 Lease Costs, Maintenance $ 12,000 CESQG REVENUE ($75,000) ABANDONED WASTE AUGMENTATION • ($30,000) OIL GRANT OPERATION REVENUE C$120,9301 RECYCLING AND DISPOSAL BUDGET $971,.503 Second' Amendment to Agency Agreement. 7 FY 2400