Item 8 - Agreement between Cit & County of S.D. Household Hazardous Materials Program
AGEND~PORTSI~ARY -
TO: Honorable Mayor and Members of the City Council
- FROM: James L. Bowersox, City Mana'ii!f?
INITIATED BY: ,.on D. Fikh."""'" City __ ~
James R. Williams, Director of Public Services
Annette R. Gonzalez, Senior Management Analy
Patricia S. Nelson, Management Aide r-'
DATE: July 18, 1995
SUBJECT: Al:J"eement Between the City of Powav and tbe County of San Diego Department of
Public Works for tbe City of Powl\v's HOIL~ebold Hazardous Materials Prolp'am
ABSTRACT
On January 25, 1995, the California Integrated Waste Management Board approved a grant award to the
City of Poway for $56,662 for specific household hazardous materials collection events and education.
The County, by the attached agreement, will provide up to two extra collection events for the City of
Poway under grant specifications and funding.
ENVIRONMENTAL REVIEW
The agreement and the waste collection events have been determined to be exempt from CEQA under
- Section 15308,
FISCAL IMPACT
The cost for up to two additional collection events [antifreeze, batteries, oil, and paint - ABOP] is
estimated to be $55.412 using services provided by the County of San Diego, An additional $1,250 in
grant funding is proposed to be used for public education and advertising, Once the agreement has been
executed by both parties, it will be necessary for the City to appropriate this amount to provide adequate
funding for $56,662 for this program. This funding, up to $56,662. is to be reimbursed to the City of
Poway by the California Integrated Waste Management Board (CIWMB) under the Board's Household
Hazardous Waste Discretionary Grant funding,
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been mailed to Pam Jackson, Program Manager for the County of San Diego
Household Hazardous Materials Program.
RECOMMENDATION
It is recommended that the City Council approve and cause to execute the attached agreement between the
City of Poway and the County of San Diego,
- ACTION
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~ AGENDA REPOR~
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Council. staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion. please fill out a slip indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: John D. Fitch, Assistant City Manager &
James R. Williams, Director of Public Services
Annette R. Gonzalez, Senior Management Analyst
Patricia S. Nelson, Management Aide~
DATE: July 18, 1995
SUBJECT: Aa:reement Between the City of PowllY and the County of San Diefo
Dl:partment of Public Works for the City of PowllY's Household
Hazardous Materials Proa:ram
BACKGROUND
Due to the lack of funding, the County of San Diego has had to cut services to individual cities
for the coIlection of household hazardous wastes, In Fiscal Year 1991/92, the City of Poway
was hosting fuIl household hazardous waste coIlection events, In Fiscal Year 1994/95, the
County sponsored one ABOP [antifreeze, auto battery, motor oil, and latex paint] coIlection
event. Full household hazardous waste collection events are now being scheduled regionally,
Under the County's contract with Appropriate Technologies, Inc" residents are provided with
an option to dispose of household hazardous waste by the resident transporting it to a Chula
Vista site. This service is provided to 17 incorporated cities and the unincorporated areas of
the County, Before taking wastes to the contracted site, the resident must fIrst obtain a control
number to receive this service free of charge,
FINDINGS
The City's goal, through the use of CIWMB grant funding, is to: 1) provide convenient HHW
ABOP coIlection events to the residents of Poway and surrounding areas; 2) to promote
cooperation between the City and other Agencies towards the program; 3) provide public
ACTION:
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- Agenda Report
July 18, 1995
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education addressing source reduction, safe use, and disposal; 4) ensure recycling and reuse of
wastes collected; and 5) implement environmentally sound program procedures,
Having been awarded grant funding for $56,662, the City of Poway desires to contract by
agreement the County of San Diego to support Poway's goal in providing services, The
County of San Diego has agreed to provide the requested services under the proposed attached
written agreement. The term of this agreement will run from July 1, 1995 until June 30,
1996, and may be extended by mutual written agreement of all parties,
ENVIRONMRNTAL REVIEW
The agreement and the waste collection events have been determined to be exempt from
CEQA under Section 15308.
FISCAL IMPACT
The cost for up to two additional collection events [antifreeze, batteries, oil, and paint _
ABOP] is estimated to be $55,412 using services provided by the County of San Diego, An
additional $1,250 in grant funding is proposed to be used for public education and advertising,
Once the agreement has been executed by both parties, it will be necessary for the City to
appropriate this amount to provide adequate funding for $56,662 for this program, This
funding, up to $56.662, is to be reimbursed to the City of Poway by the California Integrated
Waste Management Board (CIWMB) under the Board's Household Hazardous Waste
Discretionary Grant funding.
ADDITIONAL PUBUC NOTIFICATION AND CORRESPONDENCE
A copy of this report has been mailed to Pam Jackson, Program Manager for the County of
San Diego Household Hazardous Materials Program,
RECOMMENDATION
It is recommended that the City Council approve and cause to execute the attached agreement
between the City of Poway and the County of San Diego,
JLB:JDF:JRW:ARG:PSN
Attachments: L Agreement for the City of Poway and the County of San Diego
Department of Public Works Household Hazardous Materials Program
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AGREEMENT FOR CITY OF POW A Y
AND THE
-.;;::~:- COUNTY OF SAN DIEGO.
DEPARTMENT OF PUBLIC WORKS
HOUSEHOLD HAZARDOUS MATERIALS PROGRAM
This Agreement is made and entered into this 1st day of July. 1995. effective through
June 30, 1996, with CITY OF POWAY hereinafter referred to as "CITY" and the County of
San Diego, Department of Public Works, hereinafter referred to as "DPW".
RECITALS
WHEREAS, the California Public Resources Code requires Cities and Counties to
prepare a Household Hazardous Waste Element which identifies a program for the safe
collection. recycling, treannent and disposal of hazardous wastes which are generated by
households in the city or county and which should be separated from the solid waste stream; and
WHEREAS the County of San Diego and each of the Cities in the County have
developed Household Hazardous Waste Elements (HHWE) which identify a county-wide
cooperative program for the management of household hazardous waste; and
WHEREAS the existing Household Hazardous Materials Program operated by the County
is consistent with the adopted HHWE which has subsequently been approved by the County
Board of Supervisors; and
WHEREAS the Department of Public Works, referred to as "DPW" is a department of
the County responsible for the safe management of hazardous waste; and
WHEREAS the City desires for the protection, health. and welfare of its residents and
its personnel. the removal of hazardous waste from homes so that such materials will pose no
danger of exposure in event of fire or contamination, exposure or ignition due to improper
storage,
WHEREAS. the CITY has a need to provide household hazardous materials program
service. ;
Now, THEREFORE. in consideration on mutual covenants and conditions the parties
hereto agree as follows:
SECTION 1, CITY will provide funds to the DPW for up to two (2) Regional
Household Hazardous Materials Program Recycle Only Day collection events. also known as
A,B,O.P.'s (Antifreeze, auto Batteries, used Oil and latex Paint), These A.B.O.P. event(s) are
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to be held on Saturdays and provide recyclable materials collection service to residents of the
City of Poway and to all residents outside the City of Poway which attend the event(s) from the
period beginning July I, 1995 until June 30. 1996 in accordance with Exhibit 1 (Statement of
Work) which is hereby incotporated by reference into this agreement. CITY will provide up
to fifty-five thousand four hundred and twelve dollars ($55.412.00) to be paid upon receipt OL---
quarterly invoices in Fiscal Year 1995-1996. --
SECTION 2. The DEH will provide community outreach and advertising, scheduling,
planning, compliance, operation and disposal for up to two (2) Regional Household Hazardous
Materials Program Recycle Only Day collection events. also known as A.B.O,P. 's (Antifreeze.
auto Batteries. used Oil and latex Paint), A.B.O.P, event(s) are to be held on Saturdays within
the city limits of Poway and provide recyclable materials collection service to residents of the
City of Poway and to all residents outside the City of Poway which attend the events from the
period beginning July 1. 1995 until June 30, 1996 in accordance with Exhibit 1 (Statement of
Work) which is hereby incotporated by reference into this agreement.
SECTION 3, ASSIGNMENT
A, DPW may assign its duties and obligations under this agreement,
B. This agreement and each and every provision of the agreement shall be binding on
DPW, its successors in interest and assigns, and shall also be binding on CITY, its successors
in interest and assigns,
SECTION 4. NOTICE
Notice required or permitted under this agreement shall be sufficiently given if in writing
and if either served personally upon or if mailed by registered or certified mail to the contract
administrator. Tom Gariby. Director. Deparnnent of Public Works;
SECTION 5, LIABILITY OF THE PARTIES
A, DPW agrees to indemnify and defend CITY. its agents, officers, and
employees for any liability for which CITY or its agents. officers. and employees become liable
upon any judgement for damages entered by a court of competent jurisdiction arising out of any
claim, liability, penalty or fine for ~ury or damage to any person or property or for the death
of any person or persons arising from or out of any act or omission of DPW, its officers,
agents, employees or contractors arising from or out of any defect in the implementation of the
Household Hazardous Materials Program,
B, CITY agrees to indemnify and defend DPW, its agents. officers. and employees for
any liability for which DPW or its agents. officers, and employees become liable upon any
judgement for damages entered by a court of competent jurisdiction arising out of any claim,
liability, penalty or fine for injury or damage to any person or property or for the death of any
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person or persons arising from or out of any act or omission of CITY, its officers, agents,
employees or contractors arising from or out of the implementation of the Household Hazardous
Materials Program,
SECTION 6, ACCESS TO RECORDS
DEH and CITY shall keep proper books and records, in which complete and correct
entries shall be made of all hazardous materials handled and household hazardous waste
educational services provided, throughout the duration of this agreement. Said books and
records shall, upon written request, be subject to inspection by any duly authorized
representative of CITY or DPW.
SECTION 7, SEVERABILITY
In any section, subsection, sentence, clause, phrase or word of this agreement, or the
application thereof, to either party, or to any person or circumstance is for any reason held
invalid, it shall be deemed severable and the validity of the remainder of the agreement or the
application of such provision to the other party, or to any other person or circumstance shall not
be affected thereby, Each party hereby declares that it would have entered into this agreement
and each section, subsection, sentence, clause, phrase and word, or the application thereof to
either party or any other person or circumstance be held invalid,
SECTION 8, TERMINATION OF AGREEMENT
CITY has a right to tenninate or abandon any portion or all of the work by giving thirty
(30) calendar days written notice. In such event, CITY shall compensate DPW in accordance
with Exhibit 1 for work perfonned to date of tennination, and be given title immediately to all
written data and other documents developed for that portion of the work completed and/or being
terminated or abandoned, DPW has a right to tenninate or abandon any portion or all of the
work by giving thirty (30) calendar days written notice. In such event, CITY shall compensate
DPW in accordance with Exhibit 1 for work perfonned to date of tennination, and be given title
immediately to all written data and other documents developed for that portion of the work
completed and/or being tenninated or abandoned.
SECTION 10, TERM OF AGREEMENT
The tenn of this Agreement will be from July 1, 1995 until June 30, 1996, The
Agreement may be extended by mutual written agreement of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their representative officials.
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IN WITNESS WHEREOF, the parnes hereto have executed this Agreement in
triplicate,
Executed this _ day of . 1995
On behalf of the City of Poway, a Municipal Corporation
Don Higginson, Mayor
A TIEST:
Marjorie K, Wahlsten. City Clerk
CONTRACTOR:
BY:
County of San Diego
Department of Public Works
BY: DATE:
Clerk, Board of Supervisors
DATE: Approved for Form
Contractor
BY:
Title
COUNTY CONTRACT NUMBER
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EXHmIT 1
STATEMENT OF WORK
COUNTY OF SAN DIEGO
DEPARTMENT OF PUBUC WORKS
HOUSEHOLD HAZARDOUS MATERIALS PROGRAM
SERVICE PROVISIONS
The County of San Diego, Department of Public Works (DPW) will provide at least the
following services annually or a proration of these services rounded to the nearest whole number
for any portion of year during which this contract is in effect:
PROVIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICES
DPW will provide the CITY services for outreach and advertising, scheduling, planning,
compliance, operation recycling and disposal for up to two (2) Regional Household
Hazardous Materials Program Recycle Only Day collection events, also known as
A.B,O,P, 's (Antifreeze, auto Batteries, used Oil and latex Paint). A.B,O.P. event(s) are
to be held on Saturday and provide recyclable materials collection service to residents of
the City of Poway and to all residents outside the City of Poway which attend the
event( s),
. A.B.O,P, event(s) will be scheduled at the Poway High School Southwest parking
lot in cooperation with City of Poway staff and School officials, The CITY will
be provided with a report following each A.B,O,P, detailing number of
participants, zip code, total amounts of materials collected and costs,
RATE SCHEDULE:
. The amount due the COUNTY will be based on actual costs for COUNTY labor
for planning, compliance, operations and administration for the up to two (2)
A.B,O.P, Regional events and contracted services for collection event equipment,
staffmg and household hazardous waste outrea~h. recycling and disposal and shall
not exceed the amount of fifty-five thousand four hundred and twelve dollars
($55.412,00)
filename;PJ:a.: \hhwcon.pwy
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