CC Resolution 7875RESOLUTION NO. 7875
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL, AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF CAMPBELL, TOWN OF LOS GATOS, CITY
OF MONTE SERENO, CITY OF SARATOGA AND COUNTY OF SANTA
CLARA, SPECIFYING TERMS AND CONDITIONS OF PARTICIPATION
IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
WHEREAS, the City Council finds that it is in the best interest of the
residents of Campbell to provide a safe and convenient means of disposing
of household hazardous waste; and
WHEREAS, the City Council finds that a joint collection program for
the residents of Campbell, Los Gatos, Monte Sereno, Saratoga and
neighboring unincorporated County areas to be more economical than a
collection program in each individual jurisdiction; and
WHEREAS, the five agencies desire to schedule a household hazardous
waste collection date of March 10, 1990; and
WHEREAS, Safety Specialists, Inc. has been selected to provide
household hazardous waste collection and disposal services; and
WHEREAS, the cost to each jurisdiction will be on a per capita basis.
NOW THEREFORE BE IT RESOLVED, that the Mayor be authorized to execute
the attached agreement between Campbell, Los Gatos, Monte Sereno, Saratoga
and Santa Clara County.
PASSED AND ADOPTED this 16th
the following roll call vote:
day of JANUARY
1990, by
AYES: Councilmembers: ROTOWSRI, WATSON, CONANT, BURR, ASHWORTH
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
APPROVED:
l�
n J. Ashworth, Mayor
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EXHIBIT D
FIVE AGENCY AGREEMENT FOR HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
THIS AGREEMENT IS MADE BY AND BETWEEN THE CITY OF CAMPBELL, TOWN OF LOS
GATOS, CITY OF MONTE SERENO, CITY OF SARATOGA AND COUNTY OF SANTA CLARA.
RECITALS
A. The five agencies desire to provide a safe, convenient, and
economical means for the residents of Campbell, Los Gatos, Monte Sereno,
Saratoga and residents of unincorporated County areas within Green Valley
Disposal Company and Lexington Disposal Company service areas to dispose
of household hazardous wastes. These wastes include common household
products such as household cleaning products, spot remover, furniture
polish, solvents, oven cleaner, garden 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 the
Household Hazardous Waste collection day where these wastes will be
accepted for proper disposal as described below.
B. The five agencies desire to provide this hazardous waste
collection program to residents without a fee in order to encourage the
proper disposal of toxic products and avoid disposal in the garbage,
sanitary sewer, storm drain system, or on the ground, in a manner which
creates a health and environmental hazard.
C. The five agencies desire to schedule a Household Hazardous Waste
collection day, Saturday, March 10, 1990, at the Campbell Community
Center, One West Campbell Avenue, Campbell.
NOW, THEREFORE, CAMPBELL, LOS GATOS, MONTE SERENO, SARATOGA 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 parties will participate in a Household Hazardous
Waste (HHW) collection program with the collection site available to the
residents of any of the five Cities/town or residents of County
unincorporated areas within Green Valley Disposal Company and Lexington
Disposal Company service areas.
2. CONTRACT WITH HAZARDOUS WASTE HAULER
Each of the agencies will enter into a joint agreement with Safety
Specialists, Inc. a California certified hazardous waste hauler, to
provide the HHW collection day.
3. SERVICES
a. The hazardous waste hauler shall obtain all necessary permits and
licenses and shall provide the appropriate personnel, equipment, and
supplies to properly receive, package, label, haul, and dispose of the
residential hazardous wastes. The officers and employees of the parties
shall not be responsible for nor shall they engage in the handling,
processing, or loading of the hazardous wastes, except to place materials
on a "Re -Use Table."
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b. The quantity limits of hazardous materials per household shall not
exceed five (5) gallons or fifty (50) pounds of material.
c. Certain hazardous waste materials shall not be accepted for
collection and disposal. These are compressed gas cylinders, radioactive
materials, explosives and water reactives.
4. SCHEDULE
The HHW collection day shall be Saturday, March 10, 1990. Hours of
collection shall be from 10:00 a.m. to 3:00 p.m.
5. ADVERTISING/PUBLIC INFORMATION
The parties shall cooperate to inform the public of the household
hazardous waste collection program and schedule. Each party shall be
primarily responsible for advertising the program within its jurisdiction.
6. AGENCY CONTRIBUTORS
Campbell will act as "Host City" for the collection date and will
provide adequate personnel for traffic and parking control as well as the
City's Hazardous Materials Consultant. Campbell will receive any notices
required under the Agreement between the five agencies and Safety
Specialists, Inc. and will provide copies of those notices to Los Gatos,
Monte Sereno, Saratoga and Santa Clara County. The County of Santa Clara
will provide a chemist for the collection event. The Town of Los
Gatos/Cities of Monte Sereno/Saratoga will provide Central Fire District
Hazardous Materials Unit to be staged at the collection location.
7. COST OF PROGRAM
The program shall be provided at no charge to the residents of the
five agencies. The cost to each of the parties shall be based on a
per -household basis (i.e., fixed cost share per resident participant from
each city), regardless of the quantity, volume, quality, or character of
the hazardous waste collected from a resident, within the limits set forth
herein. The cost to each city for the collection day will be determined
as follows:
The total cost charged by the hazardous waste contractor (which will
be variable depending on the volume and character of the hazardous
waste which is collected) divided by the total number of participants,
equals the per household cost for the collection day. That per capita
cost is multiplied by the number of participating households from
CAMPBELL, LOS GATOS, MONTE SERENO, SARATOGA OR the Unincorporated
County areas served to determine each jurisdiction's respective share
of collection costs.
Example
$10,000
Total Cost
for Number of
Collection $100 Cost City's That City's
per Household Participating Cost for
100 Participant = X Households = Collection Day
Households
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Thus, each jurisdiction will pay a proportionate share of the total
collection cost based on the use of the collection services by its
residents.
8. ACCOUNTING
The agencies shall employ means to verify that all participants in the
residential hazardous waste collection program are, in fact, residents of
one of the four cities/town or unincorporated County area served by the
collection program, and shall see that a record is kept of the resident
city of each participant. Within two calendar days following the receipt
of detailed invoices, representatives of each Agency shall determine the
total cost for each agency, based on the formula detailed in item 7. Each
Agency shall remit fifty percent (50%) of its portion of total cost, as
determined by the formula in Item 7, to the Contractor within ten days of
receipt of detailed invoices. The remaining fifty percent (50%) shall be
remitted to the Contractor within thirty (30) days of receipt of detailed
invoices, providing manifests have been returned to the agencies.
9. TERMINATION
This Agreement shall be effective on the date below written and shall
remain in full force and effect until terminated by any party hereto upon
thirty (30) days' written notice to each of the other parties or until the
final payments have been made, whichever comes first.
10. LIABILITY
Neither CAMPBELL, LOS GATOS, MONTE SERENO, SARATOGA nor SANTA CLARA
COUNTY, respectively, nor any officer, employee, or agent thereof, shall
be responsible for any damage or liability occurring by reason of anything
done or omitted to be done by any of the other four parties under or in
connection with this Agreement. It is also agreed that each party shall
fully indemnify, hold harmless, and defend each other party from any
liability imposed for injury occurring by reason of anything done or
omitted to be done by that responsible indemnifying party under or in
connection with this Agreement. Indemnity shall extend to reimbursement
of reasonably incurred costs and attorney fees.
11. INDEPENDENT CONTRACTOR
It is hereby expressly understood by each of the parties that the
California certified waste hauler employed pursuant to this Agreement
shall be and is an independent contractor with respect to all matters
covered by this Agreement.
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12. NOTICES
All notices and communications herein required shall be in writing to
the other parties as follows, unless expressly changed in writing:
CAMPBELL: City Manager
City of Campbell
70 N. First Street
Campbell, CA 95008
LOS GATOS: Town Manager
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
MONTE SERENO: Chief Administrative Officer
City of Monte Sereno
18041 Saratoga -Los Gatos Road
Monte Sereno, CA 95030
SARATOGA: City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
SANTA CLARA COUNTY: Department of Public Health
County of Santa Clara
2220 Moorpark Avenue
San Jose, CA 95128
4 .
WITNESS THE EXECUTION HEREOF by the City of Campbell, Town of Los
Gatos, City of Monte Sereno, City of Saratoga, and County of Santa Clara.
This agreement is dated 1116190
CITY OF CAMPBELL
By: Attest:
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Mayor OHN J. ASHWORTH City Clerk ggARA OLSAS
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TOWN OF LOS GATOS
By: Attest:
Town Manager City Clerk
By:
CITY OF MONTE SERENO
Attest:
Chief Administrative Officer
By:
City Manager
By:
City Clerk
CITY OF SARATOGA
Attest:
City Clerk
COUNTY OF SANTA CLARA
Attest:
City Clerk