HomeMy WebLinkAboutMINUTES - 06031997 - D2 f f
TO: BOARD OF SUPERVISORS
FROM: HARVEY BRAGDON
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: JUNE 3, 1997
SUBJECT: HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM .
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Accept the report on the current status of the Household Hazardous Waste program
operated by the County Health Department and the Delta Diablo BOPA.
2. Authorize Community Development to require payment from the applicable Solid
Waste Haulers and allow reimbursement from the rate payers as a pass-through
expense at each haulers next rate setting.
FINANCIAL IMPACT
None - cost would be paid by the Solid Waste Haulers who would have the option of
passing the cost through to the ratepayers that are eligible for the service.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Household Hazardous Waste services are and/or will be provided in Contra Costa County
in several different ways. The County Health Department has operated drop off collection
events for several years throughout the County. These events occur periodically in
various neighborhoods and provide for collection of a wide range of Hazardous Waste
products.
CONTINUED ON ATTACHMENT: _YES SIGNATURE:
OIy1 D
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON ,Tune 3 . 1997 APPROVED AS RECOMMENDED_ X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT - - - - I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Mary Fleming (510) 335-1230
cc: Community Development Department(CDD) ATTESTED .Tune 3 . 1997
PHIL BATCHELOR,CLERK OF THE
BOARD OF SUPERVISORS AND
\Attachments COUNTY ADMINISTRATOR
BY ,DEPUTY
MF:rw
J:\Groups\cdadpool\ma ry\hhw-col.7bo
Board Order
Household Hazardous Waste Collection Program
June 3, 1997
Page 2
Background/Reasons for Recommendations (Cont'd)
Two additional drop off locations are also sited in the east and west County for year round
collection of batteries, used oil, paints and antifreeze (BOPA's),which accounts for
approximately 50% of the HHW disposal. These are sponsored by Richmond Sanitary
Service and Delta Diablo Sanitary District.
A permanent Household Hazardous Waste facility is currently under construction by the
Central Contra Costa Sanitation District for residents of the central County. This is
scheduled to open in the fall of this year.
The goal is to expand the BOPA facilities into permanent facilities located in west and east
county to serve the residents and small quantity generators in those areas and to be able
to terminate the operation of the drop off collection events. Planning for these two facilities
will be undertaken within the regions with County assistance. It is expected that this will
happen within the next year or two.
The County Health Services Department operates a Household Hazardous Waste (HHW)
collection service for the cities and unincorporated area within the jurisdiction of the West
Contra Costa Integrated Waste Management Authority, for the cities of Antioch, Brentwood
and Pittsburg and for the unincorporated areas of Crockett, Kensington, Rodeo and East
County. The program provides for drop off collection events where local residents and
Small Quantity Generators may drop off hazardous wastes such as pesticides, solvents,
oil based paints, acids, used oil, antifreeze, lead-acid batteries and household batteries
for proper disposal. The Community Development Department has been assisting the
Health Department in obtaining necessary funds in order to comply with the Household
Hazardous Waste Element. See the Attached contract for further details.
It is anticipated that permanent facilities will become available in the next year or two in
both the East County and the West County. At that time it will no longer be necessary to
have the drop off program.
The WCCIWMA pays the cost for residents in their jurisdiction as does each City. The
County is responsible for providing funding for the unincorporated areas. Crockett
Garbage Service provides funds for the Crockett/Port Costa area, Bay View Refuse and
Recycling Service provides funds for the Kensington Area and Ironhouse Sanitary District
has been requested to provide funding for the area in their jurisdiction. The remaining
unincorporated areas of Rodeo and East County currently require funding through the
County.
The cost is approximately $2.00 per household per year or $.16 per month. Staff
recommends that the Solid Waste Hauler for each unfunded area be required to provide
funding for their share of the program and then be allowed to add the cost of the program
funding to the rates to be paid by the residents in the service area at the next rate setting.
In addition to the County operated Household Hazardous Waste Collection program the
Delta Diablo Sanitation District has been operating a Battery, Oil, Paint and Antifreeze
(BOPA) drop off for which they have requested funding for 1997-98. The Projected Budget
is attached as well as the breakdown by County and Cities.
Staff recommends that this project be funded in the same way as the HHW program.
There is a remaining fund of approximately $2,000.00 from last year resulting in a
household cost of approximately $.02 per east county household per month.
J:groups\cdadpool\maty\hhw-col.7bo
Ar. Request to Speak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' ma um
before addressing the Board.
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Address: �S J o h 41 Cit ,; �l
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CHECK ONE:
1 wish to speak on Aenda Kan #LD /",g/` i
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1 wish to
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_ 1 do not wish to *a& but leave these comments for the board
to cor�dder:
CCCHcD PZWT Pax:510-646-2073 May 22 197 12:38 P.02/03
A,
$ �dge-t For b Gita. D ia.blo SOPA
aM*W►�gNeeed Yw sudset tla7-it
t of ragow products aro p*ftd trom 1906 U CCN coons.
ReyWB Coets "Aswmes the CwntywrNI Uko aN r o blee o01NCOkd
Units prW Tool
Batteries 1 Sam )
of am pilon $0.10 $630.00
Arkllteece T30 pilon 81.40 $1.022.00
Laitau Paint 3200 qWn 0 $8,130.91
01 Filters 5 drum 05.00 6.00
Tobe rsgroWnp $70".91
'TM cost br point is$2.50 per pW for looked odor and 00 Wftd Is hee.
Frsipht charge is u per ben -Au"T3%of paint is color
This astlmab 6141e the quentlty per OW Collected durirp 1OW47 and auumss 2000 art.
iupibe Copes
ProjeG4d Year cost $1,000.00
anal des Took 8 Equipment
W4 Wely supplies(PPE)
Olher Samlon
BFI Dumpsten,donned service $0.00
portable toilet(Al) $38.24 per month $1,164.88
GTE momonst $16.00 per month $102.00
11 34i.i9
tMsrkedn0 and Promotion
Behoo t•Helium $600.00
Grapht Artist $700.00
Bmahurs Pts" $1.000.00
Newspeper Ads $1.500.00
other Promotion $1,000.00
14,900.00
ftff Coca(Indueftl denlas Temporary employess)
thowns per coat W weeks per
week hour year Mal
6 122.00 52 1 89,162.00
AdmMbtrW"Costa
To be donated by Dada Diablo 8anitaticn Wbict
Tobe)AMMpatsd shared Casts for/NT-N $2T�iT$.TI
CCCHSD HAZMAT Fax:510-646-2073 May 22 '97 12:38 P.03/03
Distribution of Annual Operating Costs
for Recyc"nly HHW Facility
at Delta Diablo Sanitation District
Budget 1887-98
Number of
Occupied
Ent Households Percents a Cost
Antioch 25,054 38% $10,4713
PIbburg 15,443 25% $6,875
County 20,235 31% $8,461
Brentwood 3,744 6% $1,565
Total 65,478 100% $27,377
Household statistics are from the California Department of
Finance April 1995 census statistics.
AGREEMENT BETWEEN
WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY,
THE CITIES OF ANTIOCH, BRENTWOOD & PITTSBURG
AND
CONTRA COSTA COUNTY
FOR ,
HOUSEHOLD HAZARDOUS WASTE
COLLECTION SERVICES
JULY 1, 1997 TO JUNE 309 1998
r y .
TABLE OF CONTENTS
I. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.1 AB 939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.2 Acceptable Hazardous Wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.3 Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.4 CESQG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.5 Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.6 County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.7 Collection Event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.8 Hazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.9 Household Hazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1.10 HHW Advisory Committee . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . 4
1.11 Participating City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.12 Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.13 Recyclable Household Hazardous Wastes . . . . . . . . . . . . . . . . . . . . . 4
1.14 Reuse Component . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.15 Source Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1.16 Subscriber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
II. OBLIGATIONS OF COUNTY
2.1 Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.2 Minimum Program Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.3 Reports and Other Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.4 Budget/ Expenditures . . . . . . . . . . . 6
2.5 Emergency Response Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.6 Notice of Incident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.7 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.8 Laws /Generator and Operator Liability . . . . . . . . . . . . . . . . . . . . . . 7
2.9 HHW Program Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.10 Review of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.11 Health and Safety Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2.12 Reciprocity to Avoid Illegal Dumping . . . . . . . . . . . . . . . . . . . . . . . 9
III. DUTIES OF SUBSCRIBER
3.1 Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3.2 Subscriber's Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
IV. TERM OF AGREEMENT /OPTION TO RENEW
4.1 Term of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.
4.2 Option to Renew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III
4.3 Termination of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
V. INDEMNITY /HOLD HARMLESS PROVISION
5.1 Indemnity /Hold Harmless 12
VI. MISCELLANEOUS PROVISIONS
6.1 Assignability . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 13
6.2 Consent to Breach Not Deemed a Waiver . . . . . . . . . . . . . . . . . . . . 13
6.3 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6.4 Third Party Beneficiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6.5 Independent Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6.6 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6.7 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 15
6.8 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6.9 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6.10 Counterparts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6.11 Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
EXHIBIT A - SCOPE OF WORK
EXHIBIT B - BUDGET
EXHIBIT C - INSURANCE
Minimum Scope of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 1
Minimum Limits of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Other Insurance Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Acceptability of Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Verification of Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Subcontractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
AGREEMENT BETWEEN
WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY,
THE CITIES OF ANTIOCH, BRENTWOOD & PITTSBURG
AND CONTRA COSTA COUNTY
JULY 19 1997 TO JUNE 30, 1998
This Agreement is made by and between the following parties: West Contra Costa
Integrated Waste Management Authority, and the Cities of Antioch, Brentwood and Pittsburg
(entities which are hereinafter referred to as "Subscribers") and Contra Costa County
(hereinafter referred to as "County").
WHEREAS, pursuant to AB 939, the counties artd cities have certain duties and
obligations to implement Household Hazardous Waste plans throughout their jurisdictional
boundaries;
WHEREAS, the County and Subscribers prefer to mutually cooperate to accomplish these
duties and obligations to avoid duplication of services and to reduce overall costs;
WHEREAS, the West Contra Costa Integrated Waste Management Authority was formed
pursuant to the provisions of the California Joint Powers Act and has authority to act with regard
to development and implementation of Household Hazardous Waste plans for the cities within
its jurisdictional boundaries.
WHEREAS, the parties mutually agree that a series of Household Hazardous Waste
Collection Events (hereinafter referred to as "Collection Events") conducted by County, by and
through its Health Services Department, Environmental Health Division, will serve to further
accomplish the obligations of cities under AB 939; and
WHEREAS, the County has submitted a proposal to Subscribers concerning Collection
Events to be conducted by the County for the term of one (1) year;
NOW, THEREFORE, the parties agree as follows:
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I. DEFINITIONS
1 1 AB 939
"AB 939" means the California Integrated Waste Management Act of 1989 (found in
sections 40,000 et seq. Of the California Public Resources Code), as it may be amended from
time to time.
1_2 Acceptable Hazardous Wastes
"Acceptable Hazardous Wastes"means types and quantities typically found in residences
that may include but are not limited to pesticides, solvents, oil based paints, acids, bases, latex
paint, used oil, antifreeze, lead-acid batteries, and household batteries and CESQG Waste
permitted by law to be disposed of at the Collection Events. Acceptable Hazardous Wastes does
not include ammunition, explosives, nuclear wastes, and infectious waste.
1_3 Agreement
"Agreement" means this Agreement between County and Subscribers including all
exhibits, attachments, and any amendments.
1_4 CESQG Waste
"CESQG Waste" means Acceptable Hazardous Waste from a Conditionally Exempt Small
Quantity Generator which is a business generating no more than 100 kg or 27 gallons per month
of hazardous waste and meets the other requirements as set forth in California Health and Safety
Code §25218.1(a). A CESQG is also commonly referred to as a "small quantity generator"
(SQG).
1.5 Contractor
"Contractor" refers to the business entity or entities retained by County to perform
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certain of the duties of County as set forth in this Agreement and shall include all subcontractors
performing work on the Program for such retained entities.
1.6 County
"County" is the County of Contra Costa, acting hereunder by and through the
Environmental Health Division of the Health Services Department of Contra Costa County.
1.7 Collection Event
"Collection Event" is a one-day period of time in which the County accepts Acceptable
Hazardous Wastes and CESQG Hazardous Waste at each of the temporary Collection Events
involved in this Agreement. For purposes of this Agreement, "Collection Event" means
"temporary household hazardous waste collection facility" as defined in California Health and
Safety Code Section 25218.1(1). "Collection Event" includes, in addition, reuse and recycling
activities set forth in this Agreement.
1_8 Hazardous Waste
"Hazardous Waste" means all substances defined as hazardous waste, acutely hazardous
waste, or extremely hazardous waste by the State of California in Health and Safety Code
§ 25110.02, § 25115, and § 25117 or in the future amendments to or recodification of such
statutes, or identified or listed as "Hazardous Waste" by the U.S. Environmental Protection
Agency, pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. §§ 6901
et sea.l,.and all future amendments thereto or any regulations thereunder.
1,2 Household Hazardous Waste
"Household Hazardous Waste" means any household hazardous waste generated
incidental to owning or maintaining a place of residence. Household hazardous waste does not
3
include any waste generated in the course of operating a business concern at a residence.
1 10 HHW Advisory Committee
"The HHW Advisory Committee" shall be advisory only. Said purposes of the Advisory
Committee shall include, but not be limited to receiving reports, project updates and notifications
from the County to provide planning advice to the Project Manager and staff and to provide a
forum for discussion.
The Advisory Committee shall be composed of Subscribers' and participating cities'
designated representatives. Program staff shall serve as staff to the committee.
1.11 Participating City
A "Participating City" is entitled to services provided by this contract but is represented
by a Subscriber to this agreement. Participating cities are only those cities listed in Exhibit B
which are not Subscribers.
1.12 Program
"Program" means the activities described in Exhibit A.
1.13 Recyclable Household Hazardous Wastes
"Recyclable household hazardous waste material" means those materials for which proven
and authorized recycling technology exists and is readily available. Currently this State Law
defines these as spent lead-acid (car) batteries, used motor oil, latex paint, antifreeze for
recycling, used small batteries, and used oil filters.
1.14 Reuse Component
"Reuse Component" is that portion of the Program described in Exhibit A established
for collection and redistribution of certain reusable materials remaining in their original
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containers.
1_15 Source Reduction
"Source Reduction" refers to activities such as those described in Exhibit A that result
in a net reduction in the generation of HHW and CESQG waste.
1.16 Subscrir
"Subscriber" means the city or other public agency signatory to this Agreement with the
County.
H. OBLIGATIONS OF COUNTY
2_1 Scope of Work
The County shall perform those services set forth in, Scope of Work, which is attached
hereto as Exhibit A and incorporated herein. County further agrees to provide all said services
in a manner fully complying with all applicable laws, regulations and ordinances, and to
complete all services in a timely manner.
It is understood that County intends to engage a commercial entity or entities to perform
a substantial portion of the service provided under the Program. Use of the term County in this
Agreement shall not be read to preclude such use of Contractor and the term County may be
read to include County's Contractor where appropriate. Delegation by County of any of these
obligations to Contractor shall not relieve County of responsibility for performance of its
obligations under this agreement.
2 2 Minimum Program Services
County, at a minimum, shall provide the number of collection events set forth in Section
I.A. of Exhibit A. If funds are available, County shall provide an additional one (1) Collection
5
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Event in West Contra Costa County.
2.3 Retorts and Other Information
The County shall, in a timely manner, provide the Subscribers and Participating Cities
reports as stated in Exhibit A.
County shall during the term of this agreement, upon request by any Subscriber, provide
information related to the Scope of Work that is reasonably necessary to assist the Subscriber
in its coordination of related programs.
2_4 Bud eg_t/Expenditures
The Total Cost for the Scope of Work, is set forth in the Budget, attached as Exhibit B
hereto and incorporated herein. All monies paid by Subscribers shall be expended solely for
purposes set forth in the Scope of Work. Subscribers shall not be responsible for any costs
incurred by the County in excess of the Total Program Cost as defined in Exhibit B, nor in
excess of total costs assigned to each Subscriber.
2.5 Emergency Response Plan
County shall submit an emergency response plan to the participating city hosting each
collection event prior to the commencement of the events described in Exhibit A. County shall
also provide a sample of said plan to each Subscriber at the beginning of the contract year.
County agrees that Subscribers take no responsibility for the adequacy of such emergency
response plan.
2_6 Notice of Incident
County shall notify each Subscriber's designated representative identified pursuant to
section 3.3 herein and .the Advisory Committee immediately of any accident or incident
6
involving hazardous wastes occurring during a Collection Event where such incident or accident
requires notifying the Emergency Response Services, the Department of Health Services, Fire
Department or other responsible governmental agency. Written notice shall be delivered to
Subscribers and host jurisdiction within 24 hours of any incident. County agrees to comply with
all laws and regulations regarding such notices.
2.7 Insurance
County agrees that County and/or County's Contractor shall provide insurance coverage
by a carrier or carriers admitted to issue insurance in California at least meeting the minimum
terms and conditions set forth in Exhibit C (Insurance), attached hereto and incorporated herein.
To the extent existing laws and regulations, or underlying factual situations change in a way that
affects the minimum insurance terms and requirement set forth in Exhibit C, County agrees that
County and/or County's Contractor shall provide such additional coverage and coverage amounts
as reasonably requested by the Subscribers (at no cost to the Subscribers).
2.8 Laws/Generator and Operator Liability
The County agrees to comply with all applicable laws and regulations, including but not
limited to hazardous waste laws, with respect to the collection, treatment, reuse, recycling and
disposal of recyclable materials, household hazardous wastes, and small quantity generator
hazardous wastes. County agrees, with respect to the parties to this Agreement, that the County
is the sole generator of such waste and sole operator of any treatment, recycling and disposal
facilities with respect to said materials and wastes. For purposes herein, said wastes shall
include all reusable products, recyclable materials, hazardous wastes generated by any resident
or small quantity generator, and other hazardous substances and hazardous wastes delivered to
7
any Collection Event.
To the extent that any non-acceptable wastes are received at the Collection Event sites,
County agrees to refuse to accept such wastes for collection, or to implement a contingency plan
for appropriate disposal of such wastes or establish other appropriate waste management
practices. Subscribers and participating cities shall not be liable for any damages, clean up costs,
or injuries arising out of delivery, acceptance, handling, or disposal of any hazardous wastes.
22 HHW Program Manager
County names Robin Bedell-Waite to act as Program Manager for the County with
respect to the work to be performed under this Agreement. The address, phone number, and
fax number for the HHW Program Manager is: Contra Costa Environmental Health, 4333
Pacheco Boulevard, Martinez, CA 94553; (510) 646-2286 and fax (510) 646-2073.
2.10 Review of Work
The County shall develop all reasonably necessary plans, materials, exhibits, and relevant
documents necessary to complete the services and requirements as set forth in the Scope of
Work. These shall be made available to Subscribers upon request.
Copies of all educational brochures and materials shall be circulated to Subscribers for
comment. County agrees that the Subscribers' and/or Advisory Committee's review of reports
and work performed by the County or of any materials furnished hereunder shall not in any way
relieve the County of the responsibility for the performance of its work and obligations
hereunder. Subscribers' review, approval or acceptance, or payment for any of the services
involved herein shall not operate as a waiver of any rights of the Subscribers under this
Agreement nor operate as a waiver of any cause of action arising out of the County's
8
performance of this Agreement.
2.11 Health and Safety Precautions
County shall be solely responsible for ensuring that its employees, Contractor, agents and
representatives involved in performance of the County's duties pursuant to this Agreement have
all required training, licenses and certificates required in order to perform their specific duties.
County shall further be solely responsible for compliance with all health and safety requirements
imposed by law, regulation or industry standards. County further agrees to comply with all such
laws, regulations and standards with respect to any and all. work performed pursuant to this
Agreement, including the Collection Events themselves.
2.12 Reciprocity to Avoid Illegal Dumping
(a) County shall accept Acceptable Hazardous Wastes from residents of cities which are
not Subscribers only if said amounts of Acceptable Hazardous Wastes are incidental. County will
seek to recover costs for the disposal of Acceptable Hazardous Wastes from the jurisdictions
where the wastes originated which are not Subscribers to this agreement. County will make a
good faith effort to enter into one or more agreements with jurisdictions which are not
Subscribers for recovery of costs for handling, recycling and disposal of said incidental wastes.
(b) If the amounts of wastes from residents of cities which are not Subscribers becomes
significant, County will either deliver said waste to jurisdiction of origin or make other
arrangements for the handling, recycling or disposal of said waste at no cost under this
agreement. County will recover all costs associated with said wastes from jurisdiction of origin
without cost to Subscribers and without expending any funds from the budget identified in
Exhibit B.
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M. DUTIES OF SUBSCRIBERS
3 1 Information
Subscribers, without cost to County, agree upon request by County to provide all
information and documentation reasonably available to the Subscribers, to the extent Subscribers
deem such information and material necessary for performance by County of its obligations
under this Agreement. Subscribers, however, do not guarantee or ensure the accuracy of any
reports, information, documentation and/or data so provided and Subscribers shall have no
liability to County, its agents, representatives, or Contractor for any such omissions or
inaccuracies contained in the information and materials provided. To the extent that any reports,
information, documentation and/or data so provided was supplied to the Subscribers by person
or persons not employees of the cities or Subscribers, County agrees that any liability resulting
from any inaccuracies and/or omissions contained in said reports, information, documentation
and/or data shall be limited to liability on behalf of the party who prepared and/or supplied the
information for or to the cities or Subscriber.
3_2 Pa men
Payment shall be made by or on behalf of each city identified in the Budget in four (4)
installments of one-quarter of the amount listed in Exhibit B, Table B-3. The County shall by
September 15, 1998, provide Subscribers an accounting of actual program costs and any
reimbursement covering the difference between the amounts paid and the actual program costs.
Each such quarterly payment shall be due thirty (30) days from receipt of invoice and a status
report.
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Subscriber's Representative
Subscribers shall designate an individual to act as its representative with respect to this
Agreement. Each Subscriber's representative shall have the Subscriber's complete authority
to transmit instructions, receive information, and interpret and define the Subscriber's policies
and decisions relevant to the work involved. Subscriber's representatives are:
West Contra Costa Integrated Waste Management Authority: Bill Davis, Executive
Director, One Alvarado Square, San Pablo, CA 94806; 215-3125; fax: 236-1636;
City of Antioch: Ron Bendorff, P.O. Box 130, Antioch, CA 94509; 779-7037; fax:
779-7034;
City of Brentwood: Tom Head, 708 Third Street, Brentwood, CA 94513; 634-6920;
fax: 634-6930;
City of Pittsburg: Kevin Carunchio, P.O. Box 1518, Pittsburg, CA 94565; 439-4830;
fax: 439-7654.
IV. TERM OF AGREEMENVOPTION TO RENEW
4_1 Term of Agreement
_
The term of this Agreement is from July 1, 1997 through June 30, 1998. No party may
withdraw from this Agreement prior to the end of the one (1) year term.
4_2 Option to Renew
This Agreement is renewable as set forth below. County shall in good faith discuss with
Subscribers a proposed contract and budget for services for the subsequent fiscal year providing
that the number of households in the planned program prove cost effective for the operation of
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the County Household Hazardous Waste Program. County shall provide Subscribers with budget
information indicating any significant changes planned in the subsequent fiscal year's budget by
January 15, 1998. County shall provide a final budget by February 15, 1998. Subscribers may,
upon providing written notice to the County by March 15, 1998 of the then current year of this
Agreement, renew the Agreement for an additional one(1) year term. All terms and conditions
of the existing Agreement, except mutually agreed upon changes by Subscribers and the County,
shall remain in full force and effect during the renewal term.
4.a Termination of Contract
Either party may terminate this Agreement for cause, in whole or in part, if the other
party fails to fulfill its obligations under this Agreement through no fault of the terminating
party. However, no such termination for cause may be effected unless the other party is given:
(1) not less than ten calendar days written notice (delivered by Certified Mail, return receipt
requested) of intent to terminate, and (2) an opportunity for consultation with the terminating
party before termination.
V. INDEMNITY/HOLD HARMLESS PROVISION
5_1 Indemnity/Hold Harmless
County shall defend, indemnify and hold harmless the Advisory Committee, Subscribers
and participating cities set forth in the Budget, their respective committee members, council
members, directors, officers, officials, employees, agents, representatives and volunteers, from
and against all claims (including costs of defense), losses, expenses, and from suits and damages
of every kind, nature and description, including but not limited to environmental liabilities and
12
claims, directly or indirectly arising out of the County's performance hereunder or the
performance of the work described herein particularly as outlined in Sections 2.8 and 2.11. The
County's duty to defend, indemnify and hold harmless, as set forth herein, shall include the duty
to defend as set forth in Section 2778 of the California Civil Code. This indemnity shall not
apply to the extent that the damages were caused by the active negligence, sole negligence or
willful misconduct of the Advisory Committee, Subscribers, or participating cities.
To the extent that any insurance carrier providing insurance secured by the County and/or
County's Contractor pursuant to this Agreement fails or refuses to defend, indemnify or hold
harmless the Advisory Committee, Subscribers, participating cities set forth in the Budget, their
respective committee members, council members, directors, officers, officials, employees,
agents, representatives and volunteers, due to breach of the insurance agreement by the County,
or failure of the County and/or County's Contractor to expend any deductible or self insured
retention, or for any other reason not the result of a breach of this Agreement by the
Subscribers, the County shall immediately comply with, at its own expense, the defense,
indemnity and hold harmless provisions of this Agreement without waiting for the insurance
carrier to provide the same.
VI. MISCELLANEOUS PROVISIONS
6_1 Assignability
County shall not assign or transfer any of its obligations under this Agreement, other than
to Contractor, without the prior written consent of the Subscribers.
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2 Consent to Breach Not Deemed a Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused,
unless such waiver of consent shall be in writing and signed by the party claimed to have waived
or consented. Any consent by any party to, or waiver of, breach by the other, whether express
or implied, shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
6.� Wivr
Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
664 Third Party Beneficiary
No person or entity not a party to this Agreement shall be deemed a third party
beneficiary to any of the rights contained herein. No third party beneficiary is intended by the
provisions of this Agreement.
6—.5 Independent Contractor
It is expressly agreed that in performance of the services necessary to carry out this
Agreement, the County and the County's subcontractor shall be, and are independent
contractors, and are not agents or employees of any Subscriber, participating city or of the
Advisory Committee. County and County's subcontractor have and shall retain the right to
exercise full control and supervision of the services and full control over the employment,
direction, compensation and discharge of all persons assisting County and County's subcontractor
in the performance of County's obligations hereunder. County and County's subcontractor shall
be solely responsible for all matters relating to the payment of their employees, including
14
compliance with Social Security, withholding and all other regulations governing such matters,
and shall be solely responsible for their own acts and those of their subordinates and employees.
6_6 Seve_ rability
If any term or provision of this Agreement is found illegal or unenforceable, then,
notwithstanding any such term or provision, this Agreement shall remain in full force and effect
and such term or provision shall be deemed stricken. The invalid, illegal or unenforceable
provision or provisions shall be replaced by a mutually acceptable provision, which, being
valid, legal and enforceable comes closest to the intentions of the parties underlying the invalid, ,
illegal, or unenforceable provision.
6_7 Amendments
No alteration or variation in the terms of this Agreement shall be valid unless made in
writing and signed by all parties.
6_8 Notices
Subscribers shall send any notices required herein to the County Household Hazardous
Waste Program Manager at the address listed in Section 2.9.
County shall send any notices required herein to each Subscriber's representative as
identified in Section 3.3 herein.
6_9 Jurisdiction
This Agreement shall be administered and interpreted under the laws of the State of
California. Any litigation arising as a result of this Agreement shall be in Contra Costa County,
California, unless the litigation is exclusively within the jurisdiction of the Federal Courts, in
which case the litigation shall be within the San Francisco Branch of the Northern District of
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the State of California.
61 Counterparts
This Agreement may be executed in five counterparts, each of which shall be an original
and all of which together shall constitute one Agreement.
6.11 Entire Agreement
This Agreement supersedes any and all agreements, either oral or written between the
parties hereto with respect to the subject matter of this Agreement and contains all of the
covenants between the parties with respect to the rendering of services and provision of funds
as required by this Agreement. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid and
binding.
CONTRA COSTA COUNTY WEST CONTRA COSTA INTEGRATED
WASTE MANAGEMENT BOARD
County Health Services Director
Date: Title:
Approved as to form: Date:
Approved as to form:
County Counsel
Date: WCCIWMB Counsel
Date:
CCC Agreement#28-572-2
16
CITY OF ANT LOCH
Title:
Date:
Approved as to form:
City Attorney
Date:
CITY OF BRENTWOOD
Title:
Date:
Approved as to form:
City Attorney
Date:
CITY OF PITTSBURG
Title:
Date:
Approved as to form:
City Attorney
Date:
17
EXHILBIT A
SCOPE OF WORK
I. SUMMARY OF SERVICES FOR FY 1996/97
A. Household Hazardous Waste Collection Events
The County shall provide the following collection events during Fiscal Year 1996/97:
Events Region One-Day
4 West 5
4* East 4
* East events: 2 Pittsburg, 1 Antioch, 1 Brentwood
The goal is to serve 4% of the occupied households. Scheduling of events will to the
extent practicable be coordinated with the spring or fall clean-up event periods provided
as part of ongoing municipal solid waste collection service.
B. Collection Event Services provided by County include:
1. Property agreements & indemnification of property owners
2. Program publicity
3. Securing locations of the events
4. Securing permitting of all events: local fire, police, planning department, and state
5. Preparation and implementation of an Operation/ Emergency Response Plan
Contact for Household Hazardous Exhibit A
Waste Collection Services 1 Scope of Work
6. Monitoring of required worker training standards
7. All event operations including: set-up; provision of necessary equipment; supplies;
staffing; chemists; and break-down
8. Provision of a table at each collection event for items which can be used or reused
9. Supervision by County hazardous material specialist to ensure proper labpacking,
bulking and reuse table operation
10. Review of all invoices and manifests to ensure accuracy of information
11. Obtaining Certificates of Destruction or Recycling by final disposal or recycling
facility to avoid long-term liability
12. Distribution of pool chemicals to public and non-profit pools
C. Appointment System
Residents and CESQG's shall access the Collection Events through an appointment
system operated by the County. Residents may make appointments by dialing 1-800-750-
4096 from anywhere in the counties of Contra Costa, Alameda and San Francisco.
As part of the appointment making process, county staff shall explain the collection
process, address legal transportation limits, and provide specialty referrals as needed.
Residents and CESQGs that have more household hazardous waste or CESQG waste than
the legal transportation limits, shall be offered additional appointments as necessary to
dispose of such wastes in a legal manner.
After making an appointment, the County shall send residents and CESQGs a
confirmation letter containing the address of, and directions to the collection sites, rules
regarding acceptable waste, information on packing waste items, and weight /volume
limits. Included with the letter will be a Survey Form and an Alternative Information
Request Form that allows residents to select from available source reduction materials.
Contact for Household Hazardous Exhibit A
Waste Collection Services 2 Scope of Work
At each event, participants shall be asked to turn in the completed Survey Form and the
Alterative Information Request Form.
D. Source Reduction
The County will offer at each collection event, a "Pests Bugging You" brochure and a
"Safer Alternatives to Toxic Household Products" fact sheet to each resident participating
in the collection events, and have available the "Less Toxic Shopping" booklets.
Additional alternatives fact sheets will be mailed to residents upon request. Copies of
materials will be provided to participating jurisdictions for use and distribution.
E. Program Cost Reductions
The County will seek further cost reductions in the Program during FY 1997/98 in the
following areas: latex and oil based paint reuse and reprocessing; staffing levels at
events; reduction in lab packing of pesticides and poisons by aggressive reuse and
distribution to residents and large users.
F. Other Staff Support
County will provide each Subscriber:
1. Quarterly and annual Program reports
2. Provide ongoing program evaluation to improve efficiency of operations and to
reduce costs
3. Staffing of quarterly advisory committee meetings
4. Management and coordination of program between Subscribers
5. Track State legislation that affects household hazardous waste programs and report
to Subscribers
Contact for Household Hazardous Exhibit A
Waste Collection Services 3 Scope of Work
G. Additional Services and Programs
County has offered, and Subscribers accept, to permit the following services without use of
funds identified in Exhibit B:
1. Education of Realtors and movers: County will continue providing "Moving In" and
"Moving Out" brochures to realtors, realtor associations, residents and Subscribers
upon request.
2. Conditionally Exempt Small Quantity Generators_ICESCZG): Businesses generating
no more than 100 kilograms, or 27 gallons, of hazardous waste each month will be
allowed to dispose of their wastes at the collection events. CESQG's will pay for all
disposal costs. County will publicize the program throughout the unincorporated area
and the area within the Subscriber's boundaries.
3. Battery, Used Motor Oil. & Latex Paint (BOP) Facilities: The County will continue
working with Subscribers, Delta Diablo Sanitation District and West Contra Costa
Sanitary Landfill to manage collection facilities for lead-acid batteries, used motor
oil, oil filters, latex paint and antifreeze.
II. PROGRAM LIABILITY
Any contractor selected by the County for operating Collection Events shall assume
operational liability for that portion of the Program. In assuming operational liability, the
contractor shall be required to enter into a third-party agreement with the property owner of
any location used as a collection site that shall name the property owner as an additional
insured party in those policies where the County and/or its contractor is required to name
Subscribers as an additional insured.
Contact for Household Hazardous Exhibit A
Waste Collection Services 4 Scope of Work
III. SERVICE AREA AND PROGRAM CAPACITY
The Program shall serve residents living in jurisdictions that are Subscribers to this
Agreement or are represented by Subscribers to this Agreement. The Program shall be
designed with the goal of serving four percent (4%) of all the occupied households in the
participating jurisdictions listed in Exhibit B.
Residents from participating jurisdictions listed in Exhibit B shall be allowed to use any
Collection Event. Participants shall, however, be encouraged to use Collection Events
located in their geographic region.
For the purpose of monitoring the number of households served, surveys shall be
conducted by the County at each Collection Event to determine the number of households
served by vehicles accessing events. Currently the County estimates that each vehicle
represents 1.15 households. During the fiscal year the County shall verify the continued
accuracy of this estimate through collection of survey data.
IV. SITE SELECTION AND PERMITTING
Collection site locations may not be established in all jurisdictions participating in the
program, however, the County shall select site locations that shall be easily accessible to
residents from participating jurisdictions located within a geographic region (i.e., West
County and East County). Sites shall be selected, as necessary, to demonstrate a good
faith effort to ensure the Program serves equal percentages of residents from all
participating jurisdictions.
V. SITE OPERATIONS
Waste shall be collected from the public at each collection event for a minimum of three
continuous hours, or as otherwise agreed by the County and individual Subscribers for
individual events.
Contact for Household Hazardous Exhibit A
Waste Collection Services 5 Scope of Work
VI. REPORTING
County shall prepare and file all reports required by applicable laws or regulations,
including State Form 303. County shall, in addition, provide the Subscribers and
participating cities with a quarterly status report and a copy of State Form 303. The
status report shall address all relevant issues of the Program, including but not limited to:
a. the types and quantities of waste received at each weekend collection event site, (for
both residents and CESQGs);
b. recycling and disposal methods for each type of waste received;
c. number of households and vehicles served from each jurisdiction at each event;
d. anticipated changes or issues that may affect program design and budget;
e. anticipated over or under budget expenditures;
f. a copy of correspondence from the State or other regulatory agency related to site
inspections;
g. Unusual occurrences;
h. Publicity and promotion for each event.
Additionally, at the end of each six month period, the County shall provide the
Subscribers and each participating city with a detailed update on expenses for each budget
component and revenues from each source for the previous six months.
County will respond to any reasonable request by Subscribers at no additional cost for
information or reports on participation, waste types or waste quantities or other reasonable
requests for information needed to satisfy AB939 reporting requirements based on data
currently being collected by the County.
VII. LAWS
County and its Contractor shall comply with all applicable laws and regulations, including
but not limited to environmental laws and the provisions of California Health and Safety
Code §§25218 through 25218.10.
Contact for Household Hazardous Exhibit A
Waste Collection Services 6 Scope of Work
EXHIBIT B
BUDGET
FY 1997/98
County agrees to perform services in accordance with Budget in Table B-1 and B-2. Cost
shall not be shifted between budgets in table B-1 and B-2. County shall not exceed total
budgets without notification and concurrence of Subscribers.
TABLE B- 1
PROGRAM SUPPORT COSTS BY COUNTY
Staff $120,300
Program Supplies $1,400
Mileage $500
Phones $2,200
Indirect Costs $30,000
Total Support Costs $154,400
TABLE B -2
EVENT COSTS
Contractor Staff& Disposal $110,000
County Event Staff $14,000
Program Promotion $6,000
Event Supplies $3,800
Truck $1,600
Mileage $700
Phones $2,100
Portable Toilet $600
Used Oil Recycling $3,400
Paint Reprocessing $6,200
Total Event Costs $148,400
Total Support Costs $154,400
Total Event Costs $148,400
Total Program Cost $302,800
Contract for Household Hazardous Exhibit B
Waste Collection Services 1 Budget
Description of Use of Staff Funds
County Staff includes:
One HHW Manager at 50% time
One Hazardous Materials Specialist at 60`% time
One Clerk at 100% time
County Event Staff- event technicians, clerks to check appointments and conduct
surveys
Contractor Staff and Disposal includes:
Three Chemists
One Technician
Transportation and disposal of non-recyclable acceptable wastes
Paint Reprocessing includes:
Direct cost of reprocessing paint by a paint manufacturer
Contract for Household Hazardous Exhibit B
Waste Collection Services 2 Budget
TABLE B -3
FEE SCHEDULE FOR FY 1997/98
JURISDICTION PROGRAM FEES
Antioch $50,017
Brentwood . $8,327
Pittsburg $32,817
West Contra Costa Waste $157,711
Management Authority* '
Unincorporated East, Crockett, $53,928
Kensington &Rodeo
Total Fees for Program $302,800
* The West Contra Costa Integrated Waste Management Authority represents the five
Cities of El Cerrito, Hercules, Pinole, Richmond and San Pablo, as well as the
unincorporated areas of West County (excluding Crockett, Rodeo and Kensington).
Contract for Household Hazardous Exhibit B
Waste Collection Services 3 Budget
EXHIBIT C
INSURANCE.
County shall procure and maintain and/or require that its Contractor procure and maintain
for the duration of the Agreement insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder
by the County, its agents, representatives, employees or Contractor and subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as: `
1. Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001).
2. Insurance Services Office form number CA 0001. (ED.1/87)covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
Minimum Limits of Insurance
County and/or its Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate limits is used, either the general aggregate limit shall
apply separately to this Program or the general aggregate limit shall be twice the
required occurrence limit.
1
2. Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
3. Employers Liability: $1,000,000 per accident for bodily injury or disease.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to
contain the following provisions:
1. The Subscribers, cities named in the Budget but not party to this Agreement,
Advisory Committee, their committee members, council members, directors,
officers, officials, employees, and volunteers are to be covered as insureds with
respect to liability arising out of automobiles owned, leased, hired or borrowed
by or on behalf of the County and/or its Contractor and with respect to liability
arising out of work or operations performed by or on behalf of the County and/or
its Contractor including materials, parts or equipment furnished in connection
I ith such work or operations.
General liability coverage can be provided in the form of an endorsement to the
County's and/or Contractor's insurance, or as a separate owner's policy.
2. For any claims related to this Program, the County's and/or its Contractor's
insurance coverage shall be primary insurance as respects the Subscribers, cities
named in the Budget but not party to this Agreement, Advisory Committee, their
committee members, council members, directors, officers, officials, employees,
and volunteers. Any insurance or self-insurance maintained by the Subscribers,
cities named in the Budget but not party to this Agreement, Advisory Committee,
2
a
their committee members, council members, directors, officers, officials,
employees, and volunteers shall be excess of the County's and/or its Contractor's
insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled by either party, except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the
Subscribers.
State Compensation Insurance Fund forms for Waiver of Subrogation shall be endorsed
in favor of Subscribers, cities named in the Budget but not party to this Agreement, Advisory
Committee, their committee members, council members, directors, officers, officials,
employees, and volunteers or other appropriate forms concerning workers' compensation
insurance shall be so endorsed. State Compensation Insurance Fund Forms for Certificate of
Notice shall be endorsed in favor of Subscribers or other appropriate forms concerning Workers'
Compensation Insurance shall be so endorsed.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage
County and/or its Contractor shall furnish the Subscribers with original certificates and
amendatory endorsements effecting coverage required by this clause. The endorsements should
be on forms provided by the Subscribers or on other than the Subscribers' forms, provided those
3
endorsements or policies conform to the requirements. All certificates and endorsements are to
be received and approved by the Subscribers before work commences. The Subscribers reserve
the right to require complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications at any time.
Subcontractors
County and/or its Contractor shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
4