CC Resolution No. 98-149RESOLUTION NO. 98-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF FIRST AMENDMENT TO AOENCY
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
WHEREAS, there has been presented to the City Council the "First Amendment
to Agency Agreement for Countywide Household Hazardous Waste Collection Program"
between the County of Santa Clara and the City of Cupertino; and
WHEREAS, the First Amendment to Agency Agreement provides for a refund
option and emergency collection events for fiscal 1998-99; and
WHEREAS, the provisions of the First Amendment to Agency Agreement have
been reviewed and approved by the Director of Public Works and the City Attorney.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby approves the "First Amendment to Agency Agreement for Countywide
Household Hazardous Waste Collection Program" and authorizes the Mayor and the City
Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15'h day of June, 1998, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT: NONE
ABSTAIN: NONE
BURNETT, DEAN, JAMES, STATTON, CHANG
NONE
ATTEST:
City Clerk (/
VED: t~ /~ ,-
Mayor, City o P ' X~
FIRST AMENDMENT TO
AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS COLLECTION PROGRAM
This is the first amendment to that certain agreement between the City of
Cupertino (City) and the County of Santa Clara (County) entitled
AGENCy AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM, which became effective on July 1, 1997,
The parties agree that:
1. In accordance with Section 8, TERM OF AGREEMENT, Beginning
July 1, 1998 this amendment shall extend said Agreement, its
provisions and financial commitments through Fiscal Year '99 (July 1,
1998 through June 30, 1999). Section 8, TERM OF AGREEMENT is
amended to read: 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, 1999, whichever comes first. This Agreement may
be extended from year to year upon written agreement of County and
City.
2. Section SA, CITY FUNDING COMMITMENT, is amended by adding
a new paragraph to read as follows: City agrees to budget up to
$ 75,000 to the County-wide Program during FY '99. 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 described in Section 6C below.
3. Section 6, PAYMENT TO COUNTY, is amended by adding
a new paragraph, 6C for services performed in FY '99 to read as
follows: Payment for Mobile Events and BOP Center costs, 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 following schedule.
FY '99 Amendment 1 06/01/98
Service Dates FY '99 Invoice Payment Due
Quarter Date Date
1 July, August, August 1, 1998 September 1,
September, 1998
1998
2 October, November 1, December 1,
November, 1998 1998
December, 1998
3 January, February 1, March 1, 1999
February, March, 1999
1999
4 April, May, June, May 1, 1999 June 1, 1999
1999
Final Reconciliation of September 15, October 15,
Fiscal Year 1999 1999 1999
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 of the
following fiscal year. 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 on October 15 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 fiscal year.
3. City may request a refund. If a refund is requested,
payment will be made within 30 days from the receipt of a
written request from the City.
City elects option 1 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, 1999.
FY '99 Amendment 2 06/01/98
4. The Agreement is amended to add Section 1 1, EMERGENCY
SERVICE and to read as follows: Participating jurisdictions at their
option, may desire to provide residents with convenient emergency
opportunities to safely dispose of their household hazardous waste
(HHW) in the event of a disaster. The purpose of this emergency
planning for HHW is to minimize potential public health and safety
impacts, as well as to minimize costs and confusion, This section will
provide clarification to local jurisdictions on delegation of City and
County responsibilities for the collection of household hazardous
wastes in response to an emergency.
City shall make good faith efforts to provide the public with
information related to the problems associated with HHW along with
information about special collection events and services. Upon the
decision to hold an emergency collection event, it is the City's
responsibility to make a good faith effort to prepare and disseminate
the necessary outreach to notify the public of a special emergency
event. An emergency collection event shall be initiated by a written
request from City to County. Collection events can be scheduled in as
little as ten (10) working days of a City's written request or at an
agreed upon date thereafter.
The County agrees to conduct the event at a mutually agreeable site,
The County will obtain the necessary permit from the State
Department of Toxic Substances Control, and handle wastes in
accordance with State law and in accordance with the AGENCY
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM.
The County will bill City for all special emergency events on a cost
recovery basis and all payments shall be due thirty days following the
receipt of the invoice.
5. Exhibit A and Exhibit B are amended as attached hereto and
incorporated herein by reference.
6. Except as amended herein, all terms and conditions of the
Agreement shall remain in full force and effect.
FY '99 Amendment
3 06/01/98
7, This first amendment is effective on July 1, 1998.
WHEREFORE the parties, through their duly authorized representative, have
entered into this first amendment to agreement on the dates shown below:
CITY OF CUPERTINO
a municipal corporation.
DATE
COUNTY OF SANTA CLARA, a
political subdivision of the
State of California.
DATE
Title Mayor
Chairperson, Board of Supervisors
Attest:
Attest:
Title City Clerk
Clerk, Board of Supervisors
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM AND LEGALITY:
FY '99 Amendment 4 06/01/98
EXHIBIT A
COUNTY-WIDE
HAZARDOUS WASTE DROP-OFF SCHEDULE
1998/99
Mobile HHW Hours: 9:00 a.m. to 2 p,m. BOP Hours: 8 a.m. to 12 p.m.
July 11 San Jose BOP
July 18 Sunnyvale BOP
August 8 Milpitas BOP
August 15 Sunnyvale BOP
August 22 San Jose BOP
September 12 · San Jose/M Ip~tas HHW ~
September 19 Sunnyvale BOP
October 3 Milpitas BOP
October 17 Sunnyvale BOP
November 14 San Jose BOP
November 21 Sunnyvale BOP
January 16, 1999 Sunnyvale BOP
February 13 San Jose BOP
February 20 Sunnyvale BOP
March 13 Milpitas BOP
March 20 Sunnyvale BOP
April 17 Sunnyvale BOP
May 8 San Jose BOP
May 15 Sunnyvale BOP
June 12 Milpitas BOP
June 19 Sunnyvale BOP
(408) 299~7300
Santa Clara County, Department of Environmental Health 6/2/98
EXHIBIT B
HAZARDOUS WASTE RECYCLING & DISPOSAL PROGRAMS
ESTIMATED FY'99 HHW/BOP BUDGET
BUDGET CATEGORY
HHW MOBILE BOP TOTAL
PROGRAM STAFE
Staff Salary, Benefits (4 FTE)
Week-end Event Technicians
Indirect Costs
OFFICE EXPENSES
Postage, Printing, Phone, Supplies
EDUCATION PROGRAMS
Event Advertising, Source Reduction
SAFETY SUPPLIES
Personal Protective Equipment,
Small Tools, Monitoring Equipment
PROGRAM SUPPORT
County Counsel, GSA, Vehicles,
Consultant, Staff Training
WASTE MANAGEMENT CONTRACTS
Transportation, Recycling, Disposal
SITE SUPPORT
Dumpsters, Port-a-potties
Site Use Fees, Lease Costs
208,000 $ 52,000 $ 260,000
125,400 $ 10.700 $ 136,100
69,214 ~ 13,017 $ 82,230
13,600 $ 3,400 $ 17,000
9,600 $ 6,400 $ 16,000
12,000 $ 3,000 $ 15,000
$ 11.680 $ 2,920 $ 14,600
372,416 $ 32,384 ~ 404.800
$ 8,000 8 6.500 $ 14.500
TOTALPROGRAM BUDGET*
829,910 8130.321 $ 960.230
* Budget is based on an estimated participation of 10,000 in the Mobile HHW and 3,000 in the BOP Program.
Hazardous Materials Compliance Division - 4/8/98