CC Resolution No. 99-203RESOLUTION NO. 99-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF SECOND AMENDMENT TO AGENCY
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
WHEREAS, there has been presented to the City Council the "Second
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 Second Amendment to Agency Agreement provides for a refund
option and emergency collection events for fiscal 1999-2000; and
WHEREAS, the provisions of the Second 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 "Second 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 6th day of July, 1999, by the following vote:
Vote
VOTE
Members of the Cit7 Council
MEMBERS OF THE CITY COUNCIL
AYES: Burnett, Chang, Dean, James, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk~~~
Mayor, City of~upertino
SECOND AMENDMENT
TO AGENCY AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
SANTA CLARA COUNTY
Department of Environmental Health
Hazardous Materials Compliance Division
Household Hazardous Waste
And
Conditionally Exempt Small Quantity Generator
Programs
PO Box 28070
San Jose, CA 95159-8070
Attention: Sharon Dowell
;June 23, 1999
SECOND AMENDMENT TO
AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
This is the Second Amendment to that certain Agreement between the of
(City) and the County of Santa Clara (County) entitled AGENCY
AGREEMENT FOR COUNTYWIDE 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:
Section 2C, Battery, Oil, Paint (BOP) Centers, is amended by deleting the
following two centers from the BOP Centers location list:
· Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale
· Tenth Street Center, 1600 lOth Street, San Jose
Section 2, Services Provided by County is amended by adding Section 2L,
Permanent HHW Facilities, as follows: The County shall conduct Household
Hazardous Waste (HHW) Collection Events (Events), in accordance with the
Schedule set forth in Appendix A, at two Permanent HHW Facilities located
in Santa Clara County. The Count,/shall obtain 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, haul, recycle and
dispose of the HHW collected 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 Quantity Generators (CESQGs) by appointment
and for a fee, determined by the County, based on the cost of services
provided.
The Permanent HHW Facilities are located at: · Sunnyvale Recycling Center, 16,¢ CarlAve., Sunnyvale
· Tenth Street Center, 1600 lOtl~ Street. San Jose
Section 2-Services Provided by County is amended by adding Section 2M,
Services and Funding for Non-Profit Charitable Reuser, as follows: A Non-
Profit Charitable Reuser is a charitable organization, as defined in Section
501 (C)(3) 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 a Non-Profit Charitable Reuser, 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 designa'don. 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 t~30,000 for the entire Program. Once the cost for disposal of
the abandoned hazardous waste from Non-Profit Charitable Reusers reaches
Second Amendment to Agency Agreement 2 FY 2000
30,000 for the Program, disposal fees shall no longer be waived, No costs
shall be applied to the participatin9 City's budgets. Non-Profit Charitable
Reusers will assume liability for 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 949,500 in one-time funds
to the HHW Program for the following purposes:
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;
To compensate the HHW Program for waiving disposal fees, in an
amount not to exceed 830,O00, for Non-Profit Charitable Reusers that
would drop-off abandoned hazardous wastes during these two hours
of operation; and
To 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.
Section 2 Services Provided by County is amended by adding Section 2N,
Additional Services, as follows: A City may elect to amend the 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 Department of Environmental Health. All services will
be provided on a cost recovery basis. Additional services may include, but
are not limited to, Door,to-Door HHW Collection, Used Oil Filter Collection,
Abandoned Waste Collection, and Storm Drain Stenciling.
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,
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 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
resident, 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.
Section SA, CITY FUNDING COMMITMENT, is amended by adding a new
paragraph to read as follows: City agrees to budget up to $
to the Countywide Program during FY' 2000. 'The per vehicle costs for
service are estimated at $97at the Mobile HHW Events, and ~90 at the
Permanent HHW Facilities. Payment shall be made as described in Section
6C below.
Second Amendment to Agency Agreement 3 FY 2000
ectlon PAVMI:NT TO COUNTY, is amended by rel laeino, §action GA, to
read as follows: Payment for Mobile Events, the BOP Center, 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
following schedule.
FY' 2000 Invoice Payment Due
Quarter Service Dates Date Date
I July, August, August 1, 1999 September 1,
September, 1999 1999
2 October, November, November 1, 1999 December 1,
December, 1999 1999
3 January, February, February 1, 2000 March 1, 2000
March, 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 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 __ 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, 2000.
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, 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 FY 2000
9. Appendix A and Appendix B are amended as attached hereto and
incorporated herein by referon~e.
10.
Except as amended herein, all terms and conditions of the Agreement shall
remain in full force and effect.
11.
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),
a municipal corporation.
COUNTY OF SANTA CLARA, a
political subdivision of the
State of California.
Name:
Title:
Dept:
Lee Esquibel
Director
Dept. of Environmental Health
Dated Dated
ATTEST:
Name:
Title:
APPROVED AS TO FORM:
Name:
Title:
APPROVED AS TO FORM
~.9~~~.AND LEGALITY: ~
Kathy Kr~Cc~mer
Deputy County Counsel
Second Amendment to Agency Agreement 5 FY 2000
APPENDIX A
COUNTYWIDE
HAZARDOUS WASTE DROP-OFF SCHEDULE
FOR FISCAL YEAR Z000
Permanent HHW Facility Hours: 8 a.m. to 1 p.m.
Mobile HHW Hours: 9:00 a.m. to 2 p.m. (In Bold*)
July 10, 1999 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 11, 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 Facility
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 18, 2000 Sunnyvale Facility
April 1, 2000 Los Altos Event*
April 8, 2000 San Jose Facility
April 15, 2000 Sunrwvale Facility
April 29, 2000 Stanford Event*
May 6, 2000 Milpitas Event*
May 13, 2000 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 6 FY 2000
APPENDIX B
HAZARDOUS WASTE RECYCLING & DISPOSAL PROGRAMS
ESTIMATED FY 2000 HHW BUDGET
BUDGET CATEGORY TOTAL
PROGRAM STAFF
Staff Salary, Benefits (4 FTE)
Grant Funded Salary, Benefits (1.5 FTE)
Week-end Event Technicians
Indirect Costs
Indirect Costs, Grant Funded
OFFICE EXPENSES
Postage, Printing, Phone, Supplies
EDUCATION PROGRAMS
Event Advertising, Source Reduction
SAFETY SUPPLIES
Personal Protective Equipment,
Small Tools, Monitoring Equipment
Oil Grant Funded Supplies
PROGRAM SUPPORT
County Counsel, GSA, Vehicles,
Staff Training
Training, Grant Funded
WASTE MANAGEMENT CONTRACTS
Transportation, Recycling, Disposal
Recycling, Grant Funded
SITE SUPPORT
Dumpsters, Port-a-potties, Use Fees
Lease Costs, Maintenance
CESQG REVENUE
ABANDONED WASTE AUGMENTATION
OIL GRANT OPERATION REVENUE
$290,190
9 80,63~
$152,539
9 91,911
9 16,692
$ 22,000
9 10,000
$ 19,688
9 10,000
9 25,000
$ 7,000
9 4,000
9431,675
9 9,600
$ 14,000
$ 12,000
(975,0001
(930,000]
(9120,930]
RECYCLING AND DISPOSAL BUDGET $971,503
Second Amendment to Agency Agreement 7 FY 2000