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1997-082-Execute An Agreement With The County Of Santa Clara For Participation In A Household Hazardous Waste Collection Program FY 1997-98RESOLUTION 1997 -82 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 1997 -98 FOLLOWS: THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS That the Town Manager is authorized to execute 1.) the Agreement (Exhibit A) with the Comity of Santa Clara to participate in the Countywide Household Hazardous Waste (HHW) Collection Program for FY 1997 -98, 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 21st day of July, 1997, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck, Mayor Joanne Benjamin NAYS: None ABSENT: None ABSTAIN: None SIGNEi�?�1 A OR OF� TOWN OF LOS GATOS S GATOS, LIFORNIA ATTEST: CLERK OF THE TOWN OF S GATOS LOS GATOS, CALIFORNIA TU VJN CLERK AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the Town of Los Gatos the County of Santa Clara (County) on the day f (City) and Y 1997. 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 (HHW) 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 City 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 FY'98 (July 1, 1997 - June 30, 1998). NOW, THEREFORE, 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 enter into an "Agency Agreement for Countywide Household Hazardous Waste Collection Program ". FY'98 Agreement Page i of 13 6/12/97 2. SERVICES PROVIDED BY COUNTY A. Delegation of Authority: The Board of Supervisors delegates all program management to the Department of Environmental Health. The Director of the Department of Environmental Health has the authority to execute all contracts necessary to operate the program, to execute any necessary license agreements, and to terminate any contracts as warranted. B. Mobile HHW Events: The County shall conduct Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County. The County shall obtain all necessary permits and licenses required for the 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, haul, recycle and dispose of the household hazardous wastes collected at Events. C. Battery, Oil, Paint (BOP) Centers: The County shall conduct collection operations at three BOP Centers. Each BOP Center will accept recyclable hazardous waste including motor oil, latex paint, batteries, antifreeze, and oil filters. The BOP Center will operate a reuse program, offering usable materials to the public at no charge. The County shall obtain all necessary permits and licenses required for the BOP Centers and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the BOP Centers. The BOP Centers are located at: • Sunnyvale Recycling Center, 164 Car /Ave., Sunnyvale • Tenth Street Center, 1600 10th Street, San Jose • BR Recyclery, 1601 Dixon Landing Road, Milpitas D. Conditionally Exempt Small Quantity Generator Disposal Program: The County will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators (CESQG). A CESQG is defined by Federal regulation as a business that generates less than 100 Kilograms of hazardous waste per month. 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 program administration, on -site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. FY'98 Agreement Page 2 of 13 6/12/97 E. 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, except that wastes from CESQGs as described in paragraph D above shall be accepted. F. Information and Appointment Hotline: The County will operate a telephone "Hotline" Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m. The Hotline service will schedule appointments for the HHW Events and BOP Centers and provide information about hazardous household materials. Staff will screen for types and quantities of waste and direct all recyclable waste (batteries, motor oil, latex paint, and antifreeze) to BOP Centers. Two options are available for scheduling: 1 . An appointment is scheduled when residents call "Hotline." City is notified when indicated participation limit is approached. 2. All residents are screened by city representatives prior to scheduling a program appointment for the mobile HHW program, but may be scheduled to a BOP Center without notification to the City. City elects option 1 as its choice in utilizing the "Hotline" services. G. Scheduling and Site Selection: The County shall work with the City to determine the date(s) of the Events and collections at the BOP Centers. 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. A proposed schedule of HHW Events and collections at BOP Centers is included as Exhibit A. H. Outside Funding: During the term of this agreement, County will seek outside funding sources to begin services that would supplement existing services such as permanent collection sites, equipment, and operational funding. If funding is obtained, the Program will, at the County's discretion, proceed with development of additional programs without affecting City's allocated funding commitment. I. Corporate Sponsored Events: The County may also secure funding from corporations or agencies to conduct Household Hazardous Waste Collection Events for corporate employees and residents of participating jurisdictions. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions and the County, as described in Section 9 of this agreement. The corporate events FY'98 Agreement Page 3 of 13 6/12/97 will be conducted as described in section 2 (B) of this agreement. Summary information concerning these corporate sponsored events will be included in the County's annual report to the participating jurisdictions. J. Insurance Certificates: Contractors who provide hazardous waste transportation, treatment, or disposal services shall have insurance with the following minimum limits: General Comprehensive - $1 million per occurrence, $2 million aggregate; Auto 41 million; workers compensation -- statutory limits established by law; and environmental impairment liability -$1 million per occurrence, $2 million aggregate. Other contractors shall have insurance in amounts to be determined by the County Insurance Manager, after consultation with City. The County shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program. All insurance certificates shall name the City, its officers and employers as additional insured. K. Waste Tracking and Reporting: Within 30 days following the end of each quarter, the County will provide a report to the City regarding participation rates from each participating 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 stream and associated costs for transportation and disposal. The County will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of the County's fiscal year. 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 who directly participate. For purposes of any potential disposal liability, each participating jurisdiction shall be deemed a discharger of only its pro rata proportion of household participation in the Program. For example, if the program served 1,000 vehicles from the City of Milpitas and 10,000 vehicles total from all participating jurisdictions, the pro rata portion of household participation from Milpitas would be ten percent. See also Section 9. 3. PROGRAM PUBLICITY The County shall have overall responsibility for developing and coordinating countywide awareness of HHW and Oil Recycling Programs. County public awareness responsibilities shall include but may not be limited to the following activities: • Serving as the formal contact to the major media. • Providing participating jurisdictions with educational materials developed for countywide HHW Program. FY'98 Agreement Page 4 of 13 6/12/97 • Providing written information on reducing future HHW disposal needs to all residents participating in the Program. • Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by cities. • Representing the program through educational presentations for schools and businesses and attendance at community events such as local fairs and festivals. City public awareness responsibilities, at the sole discretion of the City, shall include, but may not be limited to the following activities: • Make a reasonable effort to provide a copy of HHW promotional materials to the County for review for accuracy and completeness, prior to publication. • Adapting and distributing the media relations materials developed by the County to local newsletters, newspapers and to the electronic media. • Providing County with a copy of locally produced materials. 4• COST OF PROGRAM Costs of Mobile HHW Event and BOP Centers will be tracked and billed separately. Grant funding and corporate contributions will be used to offset the per vehicle participation costs if approved by the grantor or corporation providing funds. A. Event Costs 1. Mobile HHW Event Costs (program staffing, operational costs, permits, service and supplies, transportation, disposal, promotion, source reduction educational material, and costs of providing insurance as required by the Program): The per - vehicle cost for the Mobile HHW Events will be determined by dividing the total Mobile HHW Event costs by the number of vehicles served, regardless of the quantity, volume, quality, or character of the hazardous waste collected from a resident, within the limits set forth in the Agreement. The participating jurisdiction represented by households who come to a mobile HHW Event without an appointment will be charged the same per vehicle rate as households with regular appointments. 2. BOP Center Costs (program staffing, operational costs, permits, licenses, service and supplies, transportation, disposal, promotion, source reduction educational material, facility leases, facility maintenance, and costs of providing insurance as required by the Program): The per - vehicle cost for operation of the BOP Centers will be determined by dividing the total cost for the three BOPS by FY'98 Agreement Page 5 of 13 6/12197 the total number of vehicles served, regardless of the quantity, volume, quality, or character of the allowable hazardous waste collected from a resident. The participating jurisdiction represented by households who come to the BOP Center without an appointment will be charged the same per vehicle rate as 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. As indicated in Exhibit B, a portion of the California Integrated Waste Management Board (CIWMB) Oil Grant funds have been budgeted for subsidizing the costs of managing waste oil in FY'98. 3. Abandoned Waste Costs: The County will take reasonable precautions to ensure that hazardous waste is not abandoned at HHW Events or BOP Centers. Such precautions shall include signage, locked storage buildings, security fencing, and weekly staff inspections of the BOP Centers. In the event that waste is abandoned, the County will investigate the incident and attempt to identify the responsible party. If a responsible party cannot be determined or is unresponsive, the waste will be packaged by technicians, and sent for treatment or disposal through the mobile HHW Event program. Costs for handling abandoned wastes will be included in the total costs for the BOP Centers and the Mobile HHW Events for purposes of calculating the per - vehicle costs under Paragraphs 1 and 2 above. B. Actual Average Cost: The County will provide City with interim participation reports within 30 days following the end of each quarter. If the midyear cost estimates show per vehicle costs are greater than projected, the City may elect to increase its financial commitment to the Program or to serve fewer households. If the per vehicle cost estimates are less than projected, the City may elect to receive credit for a continuing program or a refund after final program costs have been computed. At the end of the fiscal year, program costs for the mobile HHW Events and the BOP Centers will be calculated separately. The total cost for each program will be divided by the total number of vehicles served by that program to calculate the actual average cost. The City will receive a final statement with the number of vehicles served in each program billed at the actual average cost of service for each program. C. Program Budget: The program budget which includes all costs to operate the program is attached as Exhibit B. Based on the budget, the cost per participating household is estimated to be $90.00 for the Mobile HHW Events and $45.00 for the BOP Centers. D. Accounting and Records: County shall maintain in its office full and complete accounting records for this program, prepared in accordance with generally accepted accounting principals, reflecting all operations to which the City contributes. Such books and records relating to the HHW Program shall be subject to inspection /audit, for the primary purpose of reviewing billing FY'98 Agreement Page 6 of 13 6/12/97 operations and accounts receivable, by the City. Such an inspection /audit shall be made at any time during regular business hours at County's offices. County shall maintain and preserve all accounting records and related supporting documents for a period of not less than three years following the end of the County's Fiscal Year. 5. CITY FUNDING COMMITMENT A. City agrees to budget up to $ 90.000 to the County -wide Program during FY'97 -98. The per vehicle costs for service are estimated at $90.00 per vehicle for the mobile HHW events and $45.00 per vehicle at the BOP Centers. Payment shall be made as provided in Section 6 of this agreement. B. The estimated cost of $45.00 per vehicle for waste at the BOP Centers assumes an average participation rate of 200 vehicles per weekend. These Centers can accept only recyclable HHW, and are not permitted to take corrosives, poisons, flammables and reactive waste. Participants with non - recyclable wastes must bring those wastes to the mobile HHW events. 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 its total dollar commitment 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 estimated costs during the last fiscal year which are listed above. 6. PAYMENT TO COUNTY The City shall pay County for Mobile HHW Event and BOP Center costs as follows: A. Payment for Mobile Events and BOP Center Costs are due in four (4) equal installments, as listed below. Billing for the first quarter for FY'98 will be included with the year end statement and cost reconciliation for FY'97. At the City's option, any overpayments made to the County for FY'97 will be credited on the bill for the first quarter for FY'98, and subsequent quarters of the next Agreement for a HHW Program. All payments are due thirty days following receipt of the invoices. No invoice will be issued if credit exceeds the anticipated cost of service for the next quarter. The final cost statement for each program will be issued by September 15, 1998, and will take into account previous payments by the City. If any balance is owed to the County, it will be due on October 15, 1998. FY'98 Agreement Page 7 of 13 6/12/97 Quarter FY'98 Invoice Schedule Service Dates 1 With FY'97 closing statement July, August, September, 1997 2 November 1, 1997 October, November, December, 1997 3 February 1, 1998 January, February, March, 1998 4 May 1, 1998 April, May, June, 1998 Two options are available to the City if payments to the County exceed actual costs: 1. City may add credit balance from FY'98 to the total amount committed for FY'99 program costs. 2. City may use credit balance from FY'98 to reduce the invoice billing for the new fiscal year. . City elects option 2 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 will refund to the City any overpayment made by the City by October 15, 1998. B. The County shall take steps to assure that the quarterly billings to City reflect the funds necessary to cover costs for City participation in services scheduled during the next quarter. Although the County will make every attempt to keep the costs allocated to each participating jurisdiction consistent with its dollar commitment, each participating jurisdiction is responsible for the actual average cost per vehicle (as defined in Section 4) multiplied by the number of vehicles from that participating jurisdiction served during the Fiscal Year (July 1, 1997 - June 30, 1998). 7. 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. 8. TERM OF AGREEMENT This agreement shall be effective on July 1, 1997 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, 1998, whichever comes first. This Agreement maybe extended from year to year upon written agreement of County and City. FY'98 Agreement Page 8 of 13 6/12/97 9. HOLD HARMLESS AND INDEMNIFICATION County shall indemnify, hold harmless, and defend City, its officers, agents, and employees with respect to any claim, 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 indemnify 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 each participating jurisdiction's pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction'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 operator. No liability shall be apportioned to the City for transportation, treatment or disposal in any case where the County has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 2J above. City shall further indemnify County for City's apportioned share of liability incurred and attributed to the program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non - county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing the City's apportioned share of any liability for the household hazardous waste. The County shall require CESQGs to indemnify County for their apportioned share of any liability incurred and attributed to the Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG portion of the waste shall be determined by calculating the percentage, by weight, of the total hazardous waste accepted by the Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and will be subtracted from the total liability prior to assessing the City's apportioned share of any liability for household hazardous waste. FY'98 Agreement Page 9 of 13 6/12/97 10. NOTICES All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: City of Los Gatos City Manager David W. Knapp City Address P.O. Box 949 I os Gatos CA 95011 Santa Clara County Lee Esquibel, Director Department of Environmental Health PO Box 28070 San Jose, CA 95129 IN WITNESS WHEREOF, the parties have executed this Agreement. "CITY' "COUNTY" CITY OF COUNTY OF SANTA CLARA, a political a municipal corporation. subdivision of the State of California. By: By: Title: Director of Environmental Health Attest: City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM AND LEGALITY: City Attorney Deputy County Counsel FY'98 Agreement Page 10 of 13 6/12/97 Append " Santa Clara County HHW and BOP Event Schedule FY"' Month HHW Event BOP Event July 1997 July 26 - Cupertino July 12- San Jose July 19 - Sunnyvale August 1997 August 2 - Mountain View August 9 - Milpitas August 16 -Sunnyvale September 1997 September 6 - San Jose September 13 - San Jose September 20 -Sunnyvale October 1997 October 4 - West Valley October 11 - Milpitas October 18 -Sunnyvale November 1997 November 1 - San Jose November 15 - Sunnyvale December 1997 December 6 -San Jose NA January 1998 NA January 17 - Sunnyvale February 1998 February 7 - Mountain View February 14 - San Jose February 21 - Sunnyvale March 1998 March 7 - West Valley March 14 - Milpitas March 21 - Sunnyvale April 1998 April 4 - Los Altos April 18 -Sunnyvale April 25 - San Jose May 1998 May 2 - Milpitas May 9 - San Jose May 16 -Sunnyvale June 1998 June 6 - South County June 13 - Milpitas June 27 - San Jose June 20 - Sunnyvale Notes: HHW = Household Hazardous Waste BOP = Battery, Oil and Paint NA = No event being held FY'98 Agreement Page 11 of 13 6/12/97 EXHIBIT B ESTIMATED FY'98 HHW /BOP BUDGET 4 STAFF 3 technicians, clerk, interns tract Support Staff Event Technicians OFFICE SUPPLIES Postage, Printing, Phone, Gen, Supplies OUTREACH, EDUCATION Event Advertising, Source Reduction SAFETY SUPPLIES 'ersonal Protective Equipment, small Tools, Monitoring Equipment PROGRAM SUPPORT County Counsel, GSA, Vehicles, Env. Consultant, Staff Training ✓VASTE MANAGEMENT CONTRACTS transportation, Recycling, Disposal SITE SUPPORT Dumpsters, Port -a- potties, Site Useage Fees, Lease Costs :AUNTY OVERHEAD CHARGES 'AL $ 198,708 $ 40,700 $ 64,000 $ 303,408 $ 45,000 $ 15,000 $ 10,000 $ 70,000 $ 24,000 $ 5,000 $ 5,000 $ 34,000 $ 11,000 $ 5,000 $ 5,000 $ 21,000 $ 8,500 $ 1,700 $ 2,500 $ 12,700 $ 18,000 $ 3,000 $ 7,000 $ 28,000 $416,000 $ 10,000 $ 7,400 $ 433,400 $ 11,400 $ 3,500 $ 14,900 $ 52,763 $ 12,059 $ 16,021 $ 80,843 371 $ 95,959 $116,921 $ 998.251 The estimated budget is based on anticipated funding commitments which will provide service for approximately 9,500 residents attending mobile events and 3,000 residents using the BOP centers. The budget does not include grant funds allocated for projects outside of the scope of HHW services. FY'98 Agreement Page 13 of 13 6/12/97