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Item 17.2 - Establish Fund Account for Used Oil Recycling Collection Programs - AGENDA J; 'ORT SUMMA8.Y TO: Honorable Mayor and Members of the City Council - 'ROM: James L. Bowersox, City Manager " INITIATED BY: John D. Fitch, Assistant City ManagerjjW James R. Williams, Director of Public servic:'p Annette R. Gonzalez, Sr. Management Analy Patricia S. Nelson, Management Aider DATE: September 19, 1995 SUBJECT: Appropriation of Funds to Establish Fund Account.~ for the Used Oil Re.::yclinl1 and Household Hazardous Waste Collection PrQ&rams Which Shall be Reimbursed Through California Integrated Waste Management Board Grant~ Under Current Agreements with the City of POWllY ABSTRACT During Fiscal Year 1994/95, the State of California Integrated Waste Management Board awarded two grants to the City of Poway - one for used oil recycling [Cycle Three], and the other for the collection of household hazardous wastes. It is recommended that the Council approve an appropriation of $72,640 from the unappropriated fund balance to specified Program Funds for the implementation of the grant programs. Grant reimbursement for the programs' expenditures will be reutrned to the General Fund. ~NVIRONMENTAL REVIEW This item is not subject to CEQA review. FISCAL IMPACT The amounts encumbered by each grant are $15,982.67 for used oil and $56,662 for household hazardous wastes for a total of $72,640. Funds expended by the City of Poway under this program are reimbursable through the California Integrated Waste Management Board under two separate agreements [Attachments la and Ib] between the CIWMB and the City of Po way. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None RECOMMENDATION It is recommended that the City Council appropriate a total of $72,640 from the City's unappropriated fund balance [Fund 8912] - $56,660 into Program Fund 1252 for Household Hazardous Waste Collection and $15,980 into Program Fund 1245 for Used Oil Recycling. ACTION I.... 1 of 17 SEP 1 9 1995 ITEM 17.2 , AGENDA REPORT - CITY OF POW A Y This report is included on the Consent Calendar. There will be no separate discusston 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 separ2ltely. If you wish to have this report pulled for discussion. please fill out ZI sUp 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 Manager INITIATED BY: JoIm D. Fi"", - COy ~1\ :i James R. Williams, Director of Public Services Annette R. Gonzalez, Sr. Management ADaly Patricia S. Nelson, Management Aid~ DATE: September 19, 1995 SUBJECT: Appropriation of Funds to Establish Fund Accounts for the Used Oil Recyclin~ and Household Hazardous Waste Collection Pro~ams Which Shall be Reimbursed Throu~h California Inte~ated Waste Mana~ement Board Grants Under Current Aereements with the Citr of Poway BACKGROUND On January 10, 1995, Council adopted Resolution No. 95-001 [Attachment 2a] approving the application to receive continued grant funding under the California Oil Recycling Enhancement Act for the purpose of establishing and maintaining a used oil recycling program. This program addresses residential public education and the collection of used oil and oil filters within the City's jurisdiction. The City has executed the required agreement between the California Integrated Waste Management Board and the City of Poway to begin the third cycle of this grant program. Funding will be made available from the State upon submittal of payment requests for City incurred expenses each quarter during the grant period. Reimbursable funding is based only on eligible items under the CIWMB provisions of the agreement and as noted on the attached itemized third cycle City of Po way program budget [Attachment 3a]. Although the original budget reflects $14,663, the California Integrated Waste Management Board increased this amount by revised agreement in July 1995 to $15,982.67. ACTION: 2 of 17 ~ SEP 19 1995 ITEM 17.2 -- Agenda Report - Appropriation of Funds - Used Oil Recycling and Household Hazardous Waste Collection September 19, 1995 Page 2 City of Po way Resolution No. 94-105 [Attachment 2b], adopted by Council on October 11, 1994, authorized the City's Household Hazardous Waste Discretionary Grant application. As with the CIWMB Used Oil Block Grant, an agreement was entered into for reduced program funding as shown in the Budget Report for the Household Hazardous Waste Discretionary Grant [Attachment 3b]. Local contributions include City staff time as well as contractual services through the County of San Diego to support approximately four periodic ABOP collection events for Antifreeze, (Auto) Batteries, (Motor) Oil, and (Latex) Paint. This grant also focuses on public education, establishing a City hotline, and advertisements. The fIrst ABOP under this grant was held on April 1, 1995 at the Poway High School Titan Way parking lot. Funding for this event was paid through the County of San Diego Solid Waste Enterprise Fund. On July 18, 1995, the City of Poway entered into agreement with the County of San Diego [Attachment 4] to provide services for two additional ABOPs during Fiscal Year 1995-96. These, and one additional County sponsored event, will fulfill the City's obligations under the CIWMB grant agreement. FINDINGS The City of Poway has met both conditional grant eligibilities to receive grant funds for the used oil recycling and household hazardous waste collection programs. Funds will be dispersed by the State CIWMB based on approximate quarterly payment requests submitted by the City of Poway. As reimbursements are received, funds will be placed back into the City's Unappropriated Fund Balance. ENVIRONMENTAL REVIEW This item is not subject to CEQA review. FISCAL IMPACT The amounts encumbered by each grant are $15,982.67 for used oil and $56,662 for household hazardous wastes for a total of $72,640. Funds expended by the City of Poway under this program are reimbursable through the California Integrated Waste Management Board under two separate agreements [Attachments la and Ib] between the CIWMB and the City of Poway. - 3 of 17 SEP 1 9 1995 ITEM 17.2 I Agenda Report - Appropriation of Funds Used Oil Recycling and Household Hazardous Waste Collection September 19, 1995 Page 3 ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None RECOMMENDATION It is recommended that the City Council appropriate a total of $72,640 from the City's unappropriated fund balance [Fund 8912] - $56,660 into Program Fund 1252 for Household Hazardous Waste Collection and $15,980 into Program Fund 1245 for Used Oil Recycling. JLB:JDF:JRW:ARG:PSN Attachments: la. Standard Agreement for the Used Oil Recycling Block Grant lb. Standard Agreement for the Household Hazardous Waste Discretionary Grant 2a. Resolution Approving the Application for the Used Oil Recycling Block Grant 2b. Resolution Approving the Application for the Household Hazardous Waste Discretionary Grant 3a. Used Oil Recycling Program Budget 3b. Household Hazardous Waste Collection Program Budget 4. Agreement Between the City and County for the City's Household Hazardous Waste Program 4 of 17 SEP 1 9 1995 ITEM 17.2 STANDARD AGREEMENT. :;~~~~~~J~~L HO 2 (REV 5-91) CO ,""",,_.D AM"" JBG3.9~-g..3-37 "" . OYE" lDENTI" . THIS AGREEMENT. made and entered into this 30th day of June. 1995. n the S~e of California. by and between Stale of California. through its duly elected or appointed. qualified and. acting nTLE v. OFFICER ACTING FOR STATE AGENCY Executive Director CA Imegrated Waste Management Board . hereafter called the State. and :ONTRACTOR'S NAME City of Poway . hereafter called the COntl1C\Or. WITNESSETH: That the Contractor for and in consideration of the covenantS. conditions. agreements. and stipulations of the State hereinafter expressed, joes hereby agree to furnish to the State services and materials as follows: (S~r fonh service to In rendered by COnlTaCror. amolUll to be paid COlUractor. ime for performance or complerion. and anach plllns and sptcijicarions. if any.) Contractor agrees 10 undertake and complete aU necessary wk.s to implement a local used oil collection program as authorized by Public Resources Code 148690 and fi48691. At a minimum. the contractor's local used oil collection program must: I. Include a public education component that intonns lIle public of locally available used oil recycling opportUnities. AND 2. Ensure the contractor's Block Gram eligibility requirements are met by ensuring that either ofthe criteria below or a combination of the two are achieved and maintained during the grant term SO that all residents are served: . Provides used oil curbside collection for all residents of the city including multi. family residences; or . Ensures that at least one certified used oil collection center is available for every 100,000 residents not served by curbside used oil collection. The term of the agreement will be 12 months. commencing Iune 30. 1995 and tencinating on Iune 30, 1996. Contractor will be paid in accordance with Exhibit A and Exhibit B, The State will withhold 10% of the total grant award until completion of all work and other requirements to the satisfaction of the State in accordance with this contract. Contractor agrees to abide by all legal and administrative requirements for this grant as described in the Administrative Procedures and Requirements. and in the Terms and Conditions excluding the paragraph entitled. "Payment" and amending the paragraph entitled. "E:ntire A-"mentM to read, "This agreement supercedes all prior agreements, oral or wrinen, made with respect to the subject hereof." TheSe documents a .ached to this agreement and incorporated by reference: Exhibit A: Terms and Conditions Exhibit B: Administrative Procedures and Requirements 'ONTlNL'ED ON SHEETS. EACH BEARING l\A.\olE OF CONTRACTOR AND CONTRACT NUMBER. The prOVisions on the reverse side hereof constitute a pan of this a,reement. 'I WITNESS WHEREOF, this agreement has been uecuted by the panies hereto. upon the elate first above written. STATE OF CALIFORNIA CONTRACTOR GENCY ""O;o..IMC'iOil. di oliler WI UllnGi;/!CluaJ, ...11I _helftCt l COl"pOl'UIOlI, pII'\IlCl1Alp. flC,J CA Integrated Waste Management Board City of Poway ); . , ~ED NAM Of PEltS ' IGNING RIN'TED N ME A:-.;D TITLE 0 ERSON SIGNING alph E. Chandler R. 1.li 11 i ams Director of Public Services ;T1.E ....DDRE.SS E~ecutive Director 13325 Civic Center Dr.. Powav CA 92064 ,",OUNT E!\lCUMBERED BY THIS PROQRAM;CATEGORY (CODE AND TITLE) fUNOTlTJ,.f. Department of General Services 'OCUMEST CA Used Oil Recycling Use Only $15.982.67 (OPTIONAL USE) il.IOR AMOU"'"T ENCUMBERED FOR HIS CONTRACT ITEM FIS AL YEAR $ - 0- 3910-602-100 1994/95 o AL AMOUN ENCUMBERED TO OBJECT OF EXPENDITUR ( ODE ....ND TITLEl '..'TE $15.982.67 1100-51843,702 hereby cenlfy upon my own personal knowledge that bud,clcd funds arc available 'r the period and purposc of the expcnclirure stated above. (;NATl' .~...CCOUN'TING OFFICER , c- ;- --/:-:-.<<" - 7.};- , . ] CON'TR.ACTOR , o STATE AGENCY o DEI"T. OF GEN. SEll.. o CONTROu.ER 0 ATTACHMENT la $EP 19 1995 ITEM 17.2 5 of 17 I STANDARD AGREEMENT- AP ")VED BY TliE CONTRACT Nl,;I.IP:=- AM. NO. ~, .INEY GENERAL HD3.o ~:,7-37 51'0.2 (REV.s.."') T.uPA'fER'S FEDERAL EMPLO'rVI IDENTIFICATION NU.uaE.~ TIllS AGREEMENT, made and entered in,o rhis 25th day DC January 95 95-3555845 ,19_. in rhe State DC Califomia, by and between S'a.. DC California, through its duly elected or appointed, qualified and acting TITlE OF O~FICER ACTING FOR STATE AGENCY Executive Director California Integrated Waste Management Board , hereafter called the State, and CONTRACTOR'S NAME City of Poway ,hereafter called rhe Coneraclar. \VITNESSETH: That the Contractor for and in consideration of the covenants, conditions, azreemcnts, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Se/ forth service to be rtrulercd by COnlractor. amoU1ll to lH paid C01'llraclor, time for performance or complerion.. and attach plans and spccif14alions. if czny.) Project Number: HD3-94-657-37 Contractor agrees to undertake and complete all necessary tasks to implement a Household Hazardous Waste (HHW) Discretionary Grant Program as authorized by Public Resources Code Section 47200 ~nd as described in the grantee's HHW Discretionary Grant application. The State will withhold payment equal to 10% of each invoice until completion of all work and other requirements to the satisfaction of the State in accordance with this contract The term of the agreement will be 18 months, commencing January 25,1995 and terminating on June 30,1996. ;ONTlNUED ON SHEETS, EACH F.'EARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreemenL . I; "I WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon rhe date fIrst above written. STATE OF CALIFORNIA CONTRACTOR 3ENCV CONTR....CTOR (lfotltMlhM an ittdNiduaJ. '1M. tIII'Nt/w.~, pwt'*Sllip, m..) California Integrated Waste Management Board City oi Poway Y (AUTI-lORIZEC SIGNATURE) . ~' ~""M OFPEFlSO GNING al h E. Chandler i TLE ADORESS (Mf!.1" /Jr. Executive Director J 3.3~":l-> c:./I1 'c... ,CA 92-~c.f ..10UNT ENCUMBEREO BY 1).\IS PROOAAM/CA TEGOAV (CODE ....NC Tl11.E) FUNC TI11.E Dep.rtm,nt of G.n.ral S.rvic,s :>CUMENT Use Only $ $56,662 HHW Discretiona Grant 'WMA (OPTIONAL USE) ,IOR AMOUNT ENCUMBERED FOR ,IS CONTRACT $ ITEM FISCAL. YEAR ; TAL AMOUNT ENCUMBERED TO - .TE OBJECT OF EXPENOITURE (COOE ANO TITLE) 5 $56,662 1100-50435-702 , hereby cenify upon my own personal knowledge that budgeted funds T.8...... NO. B.A. NO. 3re available for the period and purpose of the expenditure stated above. ~NA TuAE OF A OUNTING OF':::ICE=I I CATE rN ':>;..1L/-7J- :J CONTRACTOR ST....TE AGENCY o DEPT. ~ GEN. SEA. 0 CONTROLLER 0 17.2 $EP 1 9 1995 ITEM 6 of 17 ATTACHMENT Ib - .- RESOLUTION NO. 95-001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, COUNTY OF SAN DIEGO, CALIFORNIA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCLING FUND [THIRD CYCLE] UNDER THE USED OIL RECYCLING ENHANCEMENT ACT FOR RESIDENTIAL PUBLIC EDUCATION AND COLLECTION OF USED OIL AND OIL FILTERS WITHIN THE JURISDICTION OF THE CITY OF POWAY WHEREAS. the people of the State of California have enacted the California Oil Recycling Enhancement Act that provides funds to cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS. the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the State. setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, the applicant will enter into an agreement with the State of California for development of the project; .- NOW, THEREFORE. BE IT RESOLVED that the City of Poway authorizes the submittal of an application to the California Integrated Waste Management Board for a 1995/96 [Third Cycle] Used Oil Recycling Block Grant. The City Manager, Director of Public Services, or their designee, is hereby authorized and empowered to execute in the name of the City of Poway all necessary applications. contracts. payment requests. agreements, and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. The foregoing resolution was passed by the City of Poway this 10th day of January, 1995, and remains in effect from this date to the end of the June, 1996. ..-- ~7L'~. Don Higginson, MayO~ ATTEST; _. '1-' .. ,/ .-.,. orl" ., ,. 'Il_ -_', ,'...~.... K. '\..tl../... .1.L..... Marjorie K. Wahlsten, City Clerk - ATTACHMENT 2a SEP 1 9 1995 ITEM 17.2 7 of 17 Resolution No. 95-001 I Page 2 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify that the foregoing Resolution No, 95- 001, was duly adopted by the City Council at a meeting of said City Council held on the 10th day of January,' 1995. and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE '......... "! \ ) _"' I' i , ; ''.l -.' /:.'l-....' t::. . _ <0 .J......... ,......... ~ Marjorie K. Wahlsten, City Clerk City of Poway 8 of 17 SEP 19 1995 ITEM 17.2 - RESOLUTION NO. 94-105 A RESOLUTION OF THE CITY COUNCIL ~ OF THE CITY OF POWAY, COUNTY OF SAN DIEGO, CALIFORNIA RESOLUTION AUTHORIZING THE HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT APPLICATION WHEREAS, the people of the State of California have enacted Assembly Bill 1220 (Eastin, 1993) that provides grants to local governments to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in solid waste landfills; and WHEREAS, the California Integrated Waste Management Board (Board) has been delegated the responsi);':!.Hty for the administration of the program within the State, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, said procedures established by the Board require the applicant to certify by resolution the approval of application before submission of said application to the State; a:1d WHEREAS, the applicant will enter into an agreement with the State of California for development of the project. .- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Poway authorizes the submittal of an application to the California Integrated Waste Management Board for a Household Hazardous Waste Discretionary Grant. The Director of Public Services of the City of poway is hereby authorized and empowered to execute in the name of the City of poway all necessary applications, contracts, agreements and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. APPROVED and ADOPTED by the City Council of the City of poway, California, at a regular meeting EFFECTIVE this 11th day of October, 1994. ~J ~'-' Don Higginson, MayO~ - ATTEST: Clerk 9 of 17 ATTACHMENT 2b SEP 1 9 1995 ITEM 17.2 , Resolution No. 94-105 Page 2 STATE OF CALIFORNIA ) ) 55. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 94-105 , was duly adopted by the City Council at a meeting of said City Council held on the 11th day of October, 1994, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON , NOES: NONE ABSTAIN: NONE ABSENT: NONE '111~~ k. / Ua.-M ~ MarjoU' Wahlsten, City Clerk City f P way . SEP 19 1995 ITEM 17.2 10 of 17 - .-- BUDGET SUMMARY USED OIL RECYCLING BLOCK GRANT - THIRD CYCLE . Grant Applicant CITY OF POWA Y Date December 15. 1994 TYPE OF EXPENSE CIWMB GRANT FUNDS' CURBSIDE COLLECTION $ 0 CERTIFIED COLLECTION CENTER(S) 5,523 I P"RMANENT NON-CERTIFIED COLLECTION CENTER(S) 2,006 T:MPORARYIMOBILE COLL::CTION 705 SC..,OOL ::DUCATlON PROGRAM 2.499 II PU8LiC EDUCATION 3.330 I OTHER COSTS 600 TOTAL BUDGET: . . -..- -. -- .. ..- .- _.... ..... $14,663 All expenses listed above must be itemized on a separate sheetlsl of paper 2 Round all numbers to nearest dollar 10 SEP 19 1995 ITEM 17.2 11 of 17 ATTACHMENT 3a I EXHIBIT D BUDGET REPORT HOUSEHOLD HAZARDOUS WASTE DISCRETIONARY GRANT Grant Applicant CITY OF POWAY Date 9/27/94 Proposed Program Household Hazardous Waste ASOP Events (4) CIWMB LOCAL 1 FUNDS CONTRIBUTION PERSONNEL EXPENSES ~ 1;)..,1 70,/.1-0 Salaries and Wages ~ ~ , f),Ll all -7 ~ ., l"I"'u. Air - Fringe Benefits' @ % N/A Inc. ,^- )0'(.:0.-0 TOTAL PERSONNEL SERVICES $. ~.n~A.q8' -7 $--7,6S4.8e CONTRACTS' 1='6 E, 4'2- .:;}:77 7r:>'t . ,I Transportation & Disposal $8J.12Q ee- $30.000.00* On-site services Inc. Inc. Other Inc. Tnc :f,st;,"I'1- ~ 5'"], 70"3 TOTAL CONTRACTS $03,125.00 ~g,Qeg.ee TOTAL EQUIPMENT' Tnt"' Tnt'" TOTAL MATERIALS & SUPPLIES' Inc. Inc. TOTAL OTHER COSTS' $ 1,250.00 $ 1,250.00 j; ,!; i"., "".2- f"IG./.7 TOTAL BUDGET $89,424.413 $38,954.80 All expenses listed above must be itemized on a separate sheet of paper 1 Matching funds not required. , Resolution setting fringe benefit rate must be available for audit purposes for three years following final grant payment. 3 Include copies of estimates or bids with grant application. * Estimated event cost funded through the San Diego County Solid Waste Enterprise Fund (Contract and County staff) and the City's General Fund (City staff) - One event 14 -31- 12 of 17 ATTACHMENT 3b SEP 19 1995 ITEM 17.2 - AGREEMENT FOR CITY OF POWA Y AND mE COUNTY OF SAN DIEGO '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 hereinafter referred to as "COUNTY", 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, treatment 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 Publice Works, referred to as "DPW" is one of the departments of the County responsible 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 of mutual covenants and conditions the parties hereto agree as follows: SECTION 1. CITY will provide funds to the COUNTY 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 1 13 of 17 ATT ACHMENT 4 SEP 1 9 1995 ITEM 17.2 I to be held on Saturdays and provide recyclable materials collection service to residents of the I City of Poway and to all residents outside the City of Poway which attend the event(s) from the period beginning July 1, 1995 until June 30, 1996 in accordance with Exhibit 1 (Statement of Work) which is hereby incorporated by reference into this agreement. CITY will provide up to fifty-five thousand four hundred and twelve dollars ($55,412.()()) to be paid upon receipt of quarterly invoices in Fiscal Year 1995-1996. SECTION 2, COUNTY 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. D.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 incorporated by reference into this agreement, SECTION 3, ASSIGNMENT A, COUNTY may assign its duties and obligations under this agreement, B, This agreement and each and every provision of the agreement shall be binding on COUNTY, 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 Webster, Acting Deputy Director, Department of Public Works; SECTION 5, LIABILITY OF THE PARTIES A. COUNTY 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 injury 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 COUNTY, 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 COUNTY, its agents, officers, and employees for any liability for which COUNTY 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 2 14 of 17 SEP 1 9 1995 ITEM 17.2 I . - - death of any 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 RECORD~ COUNTY 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 COUNTY. 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 AGRFFMENT CITY has a right to terminate or abandon any portion or all of the work by giving thirty (30) calendar days written notice, In such event, CITY shall compensate COUNTY in accordance with Exhibit I for work performed to date of termination, 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, COUNTY has a right to terminate or abandon any portion or all of the work by giving thirty (30) calendar days written notice. In such event, CITY shall compensate COUNTY in accordance with Exhibit 1 for work performed to date of termination, 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, SECTION 10, TERM OF AGREEMENT The term 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. - 3 15 of 17 SEP 19 1995 ITEM 17.2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their representative officials, IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate, Executed this ll.tl. day of ~ ,1995 On behalf of the City of Poway, a Municipal Corporation ~~ - Don Higginson, a r ATTEST: ']1'1 c~~ k '7\){~-k Marjorie K.'Wahlsten, City Clerk , CONTRACTOR BY: DATE: Clerk, Board of Supervisors DATE: APPROVED FOR FORM 4 16 of 17 SEP 19 1995 ITEM 17.2 -- EXHIBITl - 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 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 COUNTY 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 SchO<?l 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 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 outreach, recycling and disposal and shall not exceed the amount of fifty-five thousand four hundred and twelve dollars ($55,412,00), fiIcurDe;pj;a: \b.bwcoa. pw)' - 5 SEP 1 9 1995 ITEM 17.2 17 of 17