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
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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