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1993-087-Authorizing The Town Manager To Execute An Agreement With The County For Participation In A Household Hazardous Waste Collection ProgramRESOLUTION 1993 -87 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 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of June, 1993, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck Mayor Joanne Benjamin NAYES: None ABSENT: Patrick O'Laughlin ABSTAIN: None SIGNED: AYOR OF THE T N OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF OS GATOS LOS GATOS, CALIFORNIA CSD08; A: \ RESOS \CS062193. R87 G> AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the Town of Los Santa Clara (County) on the day of RECITALS Gatos (City) and the County of 1993. 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 Town 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 93 -94. 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 XeIi T oln 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 ". 2. SERVICES PROVIDED BY COUNTY 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 /or 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. 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 - -$1 million; workers compensation -- statutory limits established by law; and environmental impairment liability - -$1 million per occurrence, $2 million aggregafe. 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 employees as additional insured. Other services to be provided by the County include establishing and operating a telephone hotline to schedule appointments for the Events and to provide information about hazardous household materials. The telephone hotline shall be operated 5 days a week, Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m., excluding holidays. During the term of this contract, County will seek outside funding sources to begin services that would supplement the Events such as recycle only facilities and permanent collection sites. If funding is obtained, the Program will, at the County's discretion, proceed with development of additional programs. County intends to schedule Events during four collection periods: July- September 1993; October - December 1993; January-March 1994; April -June 1994. 3. PILOT ANTIFREEZE RECYCLING PROGRAM The Program has been selected by Antifreeze Environmental Services (AES) to participate in a pilot antifreeze collection and recycling program for homeowners that change their own antifreeze. The collection and recycling services will be provided at no cost to the Program for up to two years by Antifreeze Environmental Services, a licensed transporter and recycler of antifreeze. These services may be terminated by either AES or the County by providing ten days written notice to the other party. The recycled antifreeze becomes the property of Antifreeze Environmental Services. The County, on behalf of the Program, will be responsible for securing sites where households can drop off their used antifreeze. Current candidate sites include landfills, recycle centers, Publicly Owned Treatment Works, and retail auto service centers. When agreement has been reached with the site owner, services will be advertised by the Program and made available to households within the county at no additional cost to the city. 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. 2 M B. Site Selection: The City shall coordinate with the County in locating and securing sites for the 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 compressed gas cylinders, radioactive materials, and explosives. Other wastes not accepted are wastes generated by a business including a home operated business. 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 stream and associated costs for transportation and disposal. 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. 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, is the program served 1000 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. 7. PROGRAM PUBLICITY The County shall have overall responsibility for developing and coordinating countywide awareness of the Program. County public awareness responsibilities shall include but not be limited to the following activities:. develop and distribute media relations materials to the major countywide media and to serve as the formal contact to the major media; provide media relations materials developed for countywide public awareness activities to the Cities; prepare and purchase display ads in the major countywide newspapers; develop camera ready advertising materials and basic art work for use by the cities; serve as a clearinghouse for all data and evaluate its effectiveness. County responsibility for these activities shall be subject to the funding availability from the participating jurisdictions. The County may spend up to $500 per collection event for purchase of promotional materials or advertisements. Additional funds for program promotion and publicity may be spent only after consultation with participating jurisdictions. City shall have primary responsibility for advertising the availability of Program services within their local jurisdiction. City public awareness responsibilities shall include but not be limited to the following activities: adapt and distribute the media relations materials developed by the County to local newsletters, newspapers and to the electronic media; produce and distribute advertising materials to promote local participation in the Program; provide County with samples of locall produced materials. y 3 8. COLLECTION APPOINTMENT SYSTEM A. Scheduling Options: The County shall establish a "Hotline" to schedule appointments for Events. Two options are available for scheduling: 1. All applicants screened by city representatives prior to scheduling a Program appointment; 2. Appointment scheduled as residents call "Hotline." City is notified when indicated participation limit is approached. City elects option 2 as its choice' in utilizing the "Hotline" services for scheduling appointments. 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 $ 60.000 (Sixty Thousand ) to the Program during FY 93 -94 to enable the County to serve approximately 297 vehicles from the City at an average cost of $135.00 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 the first year 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 $ XXX or zero if City participated in the FY 91 -92 Pilot 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 rd an appointment will be charged the same 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. C. Actual Average Cost: The County will provide City with interim participation reports within 30 days following each quarter. If the midyear cost estimates show per vehicle costs are greater than projected, fewer households will be served or City may elect to increase its financial commitment to the Program. If 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, total program costs will be divided by the total number of vehicles served from all jurisdictions to calculate the actual average cost. D. Program Budget: The program budget which includes fixed and variable costs is attached as Exhibit A. Based on the budget, the cost per household is estimated to be $135.00. 11. PAYMENT TO COUNTY The City shall pay County for Start-up Costs and Event Costs as follows: A. Start-Up Costs: County will compute each participating city's Start-Up Costs. Start-Up Costs are due within 30 days from the date of this Agreement. B. Event Costs: Payments for Event Costs are due in four (4) equal installments. County shall take steps to assure that the quarterly billings to City reflect the funds necessary to cover costs for City participation in events scheduled during the next quarter. Should the combination of funds on hand and the regular quarterly payment from City be greater or less than needed to cover projected costs for the next quarter, County shall adjust its next request for payment from City. Payment for the first quarter is due on August 1, 1993. The County will invoice the City 30 days before each of the subsequent quarters. Payment for subsequent quarters will be due on October 1, 1993, January 1, 1994, and April 1, 1994. The final cost statement will be issued by July 30, 1994 and will take into account previous payments by the City. If any balance is owed to the County, it will be due on September 1,1994. Although the County will make every attempt to keep the costs allocated to each participating jurisdiction consistent with its dollar committment, each participating jurisdiction is responsible for the actual average cost per vehicle (as defined in Section 10) multiplied by the number of vehicles front that participating jurisdiction served during the Fiscal Year (July 1, 1993 - June 30, 1994). 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 S, Citv 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. 5 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 two weeks following the end of each quarter. 13. TERM OF AGREEMENT This Agreement shall be effective on July 1, 1993 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 July 30, 1994, 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 indemnify, 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 in 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 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 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 2 above. ro 15. NOTICES All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: wn Town XXOf Los 5a us OW Manager TownCiMof Los Gatos ATTEST: MARIAN V. COSGROVE, TOWN CLERK Santa Clara County Lee Esquibel, Director Environmental Health Services County of Santa Clara 2220 Moorpark Avenue San Jose, CA 95128 7 IN WITNESS WHEREOF, the parties have executed this Agreement. "CITY" TOWN 0W OF LOS GATOS a municipal corporation. By`. Mayor /ftW Manager Town Attest: CiNy Clerk Town .." • /91. �_Ie fiMAttorney Town FY94Agreement sd- 5/17/94 "COUNTY" COUNTY OF SANTA CLARA, a political subdivision of the State of California. Chairperson, Board of Supervisor Attest: Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGALITY: LCl'V� Deputy Cc my Counsel S EXHIBIT A SANTA CLARA COUNTY -WIDE HHW PROGRAM FY '93/94 BUDGET PROJECTIONS PERSONNEL SERVICES Staff Salary $163,652 Fringe Benefits $67,709 Environmental Technicians $50,000 CONTRACT SERVICES $327,400 MATERIALS AND EQUIPMENT $19,604 SERVICES FROM COUNTY Telephone $3,500 Departmental Overhead (5 %) $36,171 Garage Auto Services $4,500 Rent $10,000 County Counsel $3,000 TOTAL $685,536 Office of Toxics Enforcement - 5/27193