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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