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HomeMy WebLinkAboutMINUTES - 04012008 - C.81 i TO: BOARD OF SUPERVISORS t............ ontra FROM: DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTORCosta 4 County DATE: April 1, 2008 ot SUBJECT: AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN CONTRA COSTA COUNTY, IRONHOUSE SANITARY DISTRICT, THE CITIES OF ANTIOCH, BRENTWOOD & PITTSBURG AND DELTA DIABLO SANITATION DISTRICT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Chair of the Board of Supervisors to execute "Amendment No. 1 to the Agreement between Contra Costa County, Ironhouse Sanitary District, the Cities of Antioch, Brentwood & Pittsburg and Delta Diablo Sanitation District for Household Hazardous Waste Collection Services" primarily for the purpose of allocating capital costs for the proposed expansion of the Delta Household Hazardous Waste Collection Facility. FISCAL IMPACT No impact to the County General Fund. The County's share of ongoing operational costs at the Delta Household Hazardous Waste Collection Facility (DHHWCF) are funded by the franchised solid waste haulers and allowed as pass-through costs for the purposes of rate setting. The capital costs related to expanding the facility are proposed to be shared by the participating jurisdictions; the County's share of these costs is $24,300 which would be funded using existing solid waste collection franchise fees. BACKGROUND/REASONS FOR RECOMMENDATIONS In July 2002, the County entered into an Agreement with other jurisdictions in East County (cities of Antioch, Brentwood, Pittsburg, Ironhouse Sanitary District and Delta Diablo Sanitary District) that have responsibility for implementing programs to manage household hazardous waste (HHW) to facilitate development of a permanent drop-off facility that would serve East County residents. The Delta Household Hazardous Waste Collection Facility (DHHWCF) is a full-scale permanent household hazardous waste facility that was subsequently constructed and which began operations in April 2003. CONTINUED ON ATTACHMENT: X YES SIGNATURE / _,,-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI EE ,,-APPROVE OTHER SIGNATURES : ACTION OF BO D ON utQ, APPROVED AS RECOMMENDED OJ'HER VOTE OF SUPERVISORS ✓UNANIMOUS (ABSENT J I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Dei dra Dingman (925/335-1224) ATTESTED anti cc: Community Development Department (CDD) JO N CULL N, CLERK OF County Counsel — Linda Wilcox THE BOARD OF SUPERVISORS Delta Diablo Sanitation District ,(via CDD) AND COUNTY ADMINISTRATOR BY I� , DEPUTY G:\Conservation\Bryn\HHW\East County HHW\Contract Amendment 2007\BO-Amended HHW Services Contract.doc AMENDMENT NO. 1 -AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICES IN EAST COUNTY APRIL 1, 2008 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued) A facility expansion is being proposed to provide larger area to store and manage materials, including electronic wastes, to better serve the long-term needs of East County. The capital costs for the proposed expansion are proposed to be shared by the participating jurisdictions and the County's share of these costs is $24,300. Amendment No. 1 includes language that allocates the capital costs for this expansion, clarifies operational cost invoicing procedures and updates operational parameters (e.g. expanded days/hours of operation). G:\Conservation\Bryn\HHW\East County HHW\Contract Amendment 2007\BO-Amended HHW Services Contract.doc AMENDNZENT NO. 1 TO THE AGREEMENT BETWEEN CONTRA COSTA COUNTY, IRONHOUSE SANITARY DISTRICT, THE CITIES OF ANTIOCH, BRENTWOOD & PITTSBURG AND DELTA DIABLO SANITATION DISTRICT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICES i 1. EFFECTIVE DATE AND PARTIES: This is Amendment No. 1 (this "Amendment").to the i Agreement between Contra Costa County, Ironliouse Sanitary District, the Cities of Antioch, Brentwood & Pittsburg and Delta Diablo Sanitation District for Household Hazardous Waste Collection Services dated as of July 1, 2002 (the "Original Agreement"). This Amendment is effective April 9, 2008 and is made by and between Delta Diablo Sanitation District, herein called "District," and Contra Costa County, lrordiouse Sanitary District, and the Cities of Antioch, Brentwood and Pittsburg, herein called "Subscribers," for household hazardous waste collection services. District and the Subscribers are collectively referred to as the "Parties," and each is a "Party.' 2. PURPOSE: The Parties now desire to amend the Original Agreement as follows: a. Section 6.7 - Amendments shall be deleted in its entirety and replaced with the following: "No alterations or variation in the terms of this Agreement or any amendment to this Agreement shall be valid unless made in writing and signed by all Parties. The City Managers, Executive Directors or General Managers of the Parties are hereby authorized, after consulting with their respective legal counsels, to agree upon and execute for their respective agencies written non-material amendments to Exhibit Al of this Agreement including, but not limited to, changes in the hours of operation for the Collection Facility." b. Exhibit A - Scope of Work shall be deleted in its entirety and replaced with Exhibit Al - Scope of Work, attached hereto and incorporated herein by reference. C. Exhibit B - Budget/Expenses shall be deleted in its entirety and replaced with Exhibit B1 - Budget/Expenses, attached hereto and incorporated herein by reference. 3. EFFECT: Except for the amendments agreed to herein, the above referenced Original Agreement remains in full force and effect. 4. COUNTERPARTS: This Amendment may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. LV �-�0� o r� c nc�- d,oc� , obi �n , �a.�bara��/'• ��'�' ®Recycled Paper �. V Amendment No. I to I III W Collection services A ee ient Last piinte 3 ( . �eYta Diablorr1 r�ilation District 2500 Pittsburg-Antioch Highway,An ch,CA 94509-1373 (925)756-1900 Administration Fax: (925)756-1961 • Maintenance Fax:(925)756-1963 • Operations Fax:(925)756-1962 • Technical Services Fax:(925)756-1960 5. SIGNATURES: The following signatures attest the Parties' agreement hereto. DELTA DIABLO SANITATION DISTRICT CITY OF.ANTIOCH By: By: Name: Gary W. Darling Name: Title: General Manager Title: _ Dated: Dated: _ Approved as to form: Approved as to form: By: By: Name: Mary Ann_Mason Name: Title: District Counsel Title: Dated: Dated: CITY OF PITTSBURG CONTRA COSTA COUNTY By: B _ Name: arae: Title: Title: l(I"'� ftai C� ( Dated: _ Dated: uy' h l Approved as to form: Approved as to form: By: By: FORM APPROVED Name: Name: piel Title: Title: By Deputy Dated: Dated: Amendment No. Ito I II IW Collection Seryices Agreement Last printed 3/11/2008 8:21:00 AM Page 2 CITY OF BRENTWOOD IRONHOUSE SANITARY DISTRICT By: _ By: Name: Name: i Title: Title: Dated: Dated: Approved as to form: Approved as to form: By: _ By: Name: Name: Title: Title: Dated: Dated: i Amendment No. I to HIiW Collection services Agreement Last printed 3/11.12008 8:22:00 AM Page 3 I EXHIBIT Al SCOPE OF WORK I. SUMMARY OF SERVICES Pursuant to the terms of this Agreement, the District will own and operate a household hazardous waste (HHW) and Conditionally Exempt Snlall Quantity Generator (CESQG) waste collection facility according to all applicable local, regional, State and Federal regulations. The District and/or District's Contractor will provide personnel, equipment, and supplies necessary for the collection, identification, segregation, packaging, transportation, reuse, recycling, treatment, and disposal of Acceptable Hazardous Waste received from areas within! the jurisdiction of the Subscribers (currently all East Contra Costa County residents and CESQG businesses). A. Collection Facility The District owns and operates a full=scale permanent household hazardous waste collection facility, called the Delta Household Hazardous Waste Collection Facility, at 2550.Pittsburg- Antioch Highway in Pittsburg, California. The facility will be open to the public (East County residents) every Thursday, Friday, and Saturday (except holidays) from 9:00 a.m. to 4:00 p.m. for residential users, except as otherwise mutually agreed upon in writing by designees for all Parties. Holidays include Memorial Day, Independence Day, Thanksgiving Day, Thanksgiving weekend, and the week between the Christmas'and New Year's holidays. B. Mobile Collection Events The District will provide three one,day mobile collection events each year. There will be one event in the City of Oakley, one event in the City of Brentwood, and one event in the unincorporated area of Contra Costa County (Bethel Island, Byron, Discovery Bay or Knightsen). The mobile collectionevents will be open to all residents of East Contra Costa County. C. Waste Mana e► The District will use the following:hierarchy of waste management: reuse; recycle; chemical, biological, or physical treatment; fuel incineration; destructive incineration; stabilization and encapsulation prior to landfill; and:direct landfill. D. Wastes Collected The District will regularly collect all Acceptable Hazardous Waste at its permanent collection facility with the exception of asbestos and railroad ties or other pressure treated wood. Asbestos, railroad ties, or other pressure treaied wood may be collected at special events or at a later time if funds (e.g. grants, etc.) are available, upon agreement in writing of all Parties. Amendment No. I to 1-11-1w Collection Services Agreem6ot Last printed 3/11/2008 8:22:00 AM Page A-I • i I E. Conditionally Exempt Small Quantity Generators Tile District and/or the District's Contractor will provide CESQG services to eligible businesses in East Contra Costa County. The District will accept CESQG waste, by appointment only, during hours when jthe facility is not open to residents. 'All costs associated with the CESQG program will be paid for by the CESQGs. i F. HHW Hotline The District will maintain and staff an information hotline for the HHW Program (currently 925- 756-1990) where residents and businesses can call for information on the HHW Program and CESQG services. i G. Program Promotion/Publicity Promotion and publicity of the HHW; Program will be left to individual Subscribers subject to review and approval of the District. The District will develop and distribute small paper leaflets at District offices and will provide a reproducible copy to Subscribers for individual distribution. This leaflet will be circulated to Subscribers for comment. The District may, at a later date and at the request of Subscribers, coordinate region-wide publicity of the HHW Program, however region-wide publicity is not currently a part of the Scope of Work or the Budget. ! i H. Electronic Waste The District will accept electronic waste, as defined for electronic devices in Section 66273.9 of the California Code of Regulations, from residents.. businesses, and Subscribers. The electronic waste will be recycled using the contract services of an Approved Recycler by the California Integrated Waste Managgment Board. Subscribers may, at.their own discretion and expense, recycle their own Subscriber generated or abandoned electronic waste through the District's approved contractor. The electronic!waste will be picked up at the Subscribers' designated single site location. The District and/or Recycler will invoice the Subscriber.separately for any electronic waste recycling services rendered. i II. SERVICE AREA AND PROGRAM CAPACITY The Program shall serve residents living in!areas within the jurisdiction of the Subscribers to this Agreement or are represented by Subscribers to this Agreement. For the purposes of monitoring and reporting the number and location of households served, every resident visiting the Collection Facility will be asked to show identification to verify that their residence is located within the eligible service area. Furthermore, this information can be used to assure that CESQG businesses are not attempting to avoid charges by delivering the waste as a resident. A list of residential HHW service users' addresses will be kept on file by the District and provided to Subscribers upon request. Amendment No. I to iIiiw Collection Services Agreement Last printed 3/11/2008 8:26:00 AM Page A-2 i i III. REPORTING District shall prepare and file all reports required by applicable laws or regulations, including State Form 303. District shall, in addition, provide,the Subscribers with status reports and a copy of State Form 303. The status report shall address all relevant issues of the Program, including but not limited to: • The types and quantities of waste received • Recycling and disposal methods for each type of waste received • Number of households and vehicles served from each jurisdiction • Anticipated changes or issues that may affect Program design and Budget • Anticipated over or under Budget expenditures • A copy of correspondence from State or other regulatory agency related to site inspections • Unusual occurrences • A detailed itemization of expenses for each Budget component The District will provide four status reports each fiscal year. Quarterly status reports will be distributed by October 20, January 20, April 120 and July 20 of each year, respectively. District will respond to any reasonable request by Subscriber, for information or reports on participation, waste types or waste quantities or other reasonable requests for information needed to satisfy AB 939 reporting requirements based'on data collected by the District. IV. LAWS District and its Contractor shall comply with all applicable laws and regulations, including but not limited to environmental laws and provisions of California Health and Safety Code Sections 25218 through 25218.10. I I I I I I I I I i i I I i i I I i i Amendment No. I to 1111W Collection services Agreement Last printed 3/11/2008 8:27:00 AM Page A-3 i i EXHIBIT B1 BUDGET/EXPENSES 1. OPERATING COSTS I The total amount of the operating costs charged by the District to the Subscribers shall be the District's actual operating costs in providing the services described in Exhibit A, less any revenue derived from operation of the HHW collection facility, such as proceeds from the sale of collected materials, ; proceeds of grants and charges to CESQGs. This total amount of operating costs shall be apportioned among the Subscribers based on the actual usage of the HHW collection facility by persons from the Subscriber's jurisdiction. The District will send each Subscriber an invoice after the end of each three-month quarter, as specified in Section 3.2. For the first three quarters of the fiscal year, the District will invoice each Subscriber its average quarterly payment for the prior fiscal year, rounded to the nearest one hundred dollars. For the fourth quarter of the fiscal year, the District will send each Subscriber an invoice for such Subscriber's Share of the total annual operating costs (the "Subscriber's Share"), based on such Subscriber's actual usage during the entire fiscal year, less the amount previously paid. The District's actual costs shall include only those categories specified in Table 132 below. These actual costs shall include, but are not necessarily limited to, the direct costs of labor (salary and benefits), consumables, utilities, direct administrative and management oversight, and any costs of Contractors for start-up services or for the Contractor receiving, handling, transporting and disposing of Acceptable Hazardous Wastes (with the exception of asbestos, railroad ties, other pressure treated wood and electronic wastes) delivered to the collection facility. Parties will not be invoiced for actual costs associated with receiving, handling, transporting and disposing of electronic waste, asbestos, railroad ties, or other pressure treated wood. Actual costs shall not include: rent or equivalent for use of District land or its improvements; billing to and collection from households and other persons served by the District; District management other than the time spent on HHW matters by the managers directly and immediately responsible for and involved in overseeing HHW matters; or other District overhead, general and administrative expenses. The costs associated with the collection of electronic waste shall have its own funding source (e.g. user fees, SB 20/50 reimbursements, etc.). Any revenues generated from the collection of electronic waste shall be used to offset actual operating costs listed in Table 132. Table 61: Participation Projections Statistics 2067?08 20081709 � 2009/10 2010111 2011/12 No. of Households (HH) 91,597 94,947 97,795 100,729 103,751 Percent Participation 7.5% 8.0% 8.5% 9.0% 9.5% No. of Vehicles 7,121 7,824 8,562 9,338 10,152 Operating Days 150 150 150 150 150 Vehicles per Day 47 52 57 62 68 Amendment No. I to HHW Collection services Agreement Last printed 3/11/2008 8:27:00 AM Page B-1 Table B2: Expense Projections Expense 2007/08 2008/09 2009110 District Salaries & Benefits $145,000 $142,000 $149,100 $156,555 $164,383 Transportation & Disposal $200,000 $210,000 $200,000 $210,000 $220,500 Mobile Events $12,360 $12,978 $13,627 $14,308 $15,024 Contract Labor $79,310 $110,000 $115,500 $121,275 $127,339 Public Relations/Promotions $25,000 $25,750 $27,038 $28,389 $29,809 Maintenance & Repairs $5,000 $5,150 $5,408 $5,678 $5,962 Materials &Supplies $10,300 $10,815 $11,356 $11,924 $12,520 Utilities $2,575 $2,704 $2,839 $2,981 $3,130 Other Costs $2,575 $2,704 $2,839 $2,981 $3,130 Total $490,020 $520,746 1 $546,783 $574,122 $602,828 Table B3: Estimated Cost Projections for District &Outside Jurisdictions Community % of HU* 20071/018 2008/019 0092011/12 DDSD 67.6% $104,754 $125,524 $143,125 $161,606 $181,012 Bay Point 10.9% $27,500 $27,500 $27,500 $27,500 $27,500 Pittsburg 21.4% $75,000 $75,000 $75,000 $75,000 .$75,000 Antioch 35.3% $124,000 $124,000 $124,000 $124,000 $124,000 Brentwood 16.3% $79,873 $84,882 $89,126 $93,582 $98,261 Ironhouse S.D. 10.7% $52,432 $55,720 $58,506 $61,431 $64,503 Unincorp. County 5.4% $26,461 $28,120 $29,526 $31,003 $32,553 100.0% $490,020 1 $520,746 1 $546,783 1 $574,122 1 $602,828 "Housing Unit(HU)estimates from the State of California, Department of Finance,E-5 Population and Housing Estimates for Cities,Counties and the State,2001-2006,with 2000 Benchmark.Sacramento,California; unincorporated breakdown prorated using Contra Costa County 2000 Census numbers The portion of the Subscriber's Share for the jurisdiction in the District's service area (the unincorporated area of Bay Point and the Cities of Pittsburg and Antioch) which is payable by the Subscriber shall be capped at the amounts indicated for Bay Point, Pittsburg and Antioch in Table B3. The excess of the Subscriber's Share for such jurisdictions of Bay Point, Pittsburg and Antioch shall be paid by the District and not by any Subscriber. The excess paid by the District shall not be an actual operating cost of the District for purposes of determining the Subscribers' Shares pursuant to the first paragraph of this Exhibit B. District may elect to recover the excess from District's sewer use or other charges to households and other persons in its jurisdiction. The Subscriber's Share for the jurisdictions outside the District's service area (City of Brentwood, Ironhouse Sanitary District and unincorporated County other than Bay Point) shall be paid in full by the Subscriber. No Subscriber shall be required to pay any other Subscriber's Share. Actual usage of the HHW collection facility by the persons from a Subscriber's jurisdiction will be determined by the city and zip code on the identification provided by each user of the facility. Table B4 shows the city and zip codes of the users from the Subscriber's jurisdiction, and the Subscriber (or the District) which will be allocated the actual users giving the city and zip code. Amendment No. I to HIM Collection services Agreement Last printed 311112008 3:27:00 AAA Page B-2 Table 64: Bill'n Table Antioch 94509 City of Antioch/DDSD Antioch 94531 City of Antioch/DDSD Bay Point 94565 Contra Costa Count /DDSD Bethel Island 94511 Ironhouse Sanitary District Brentwood 94513 City of Brentwood Byron 94514 Contra Costa Count Discovery Bay 94514 Contra Costa Count Kni htsen 94548 Contra Costa Count Oakley 94561 Ironhouse Sanitary District Pittsbur 94565 City of Pittsbur /DDSD Amendment No. I to HHW Collection Services Agreement Last printed 3/11/2008 8:27:00 AM Page B-3 11. CAPITAL COSTS The Delta Household Hazardous Waste Collection Facility (DHHWCF) is a full-scale permanent household hazardous waste facility that began operations in April 2003. An expansion to the DHHWCF is planned for construction in spring of 2008. The following sections outline the distribution of capital costs between the District and Subscribers for the original facility construction (Part A)and the planned expansion(Part B). A. Original Facility The total capital cost charged by the District to the Subscribers for the original facility shall be the total of the District's actual costs in planning and constructing the planned full-scale permanent household hazardous waste facility less arty revenue for the capital facility project, such as proceeds of grants or fundraising efforts. The District's actual costs are shown in Table B5. The District will allocate the total capital costs among the Subscribers based on the number of housing units in each Subscriber's jurisdiction. Each Subscriber's allocation(the Subscriber's "Principal") shall be in the same proportion to the total capital costs as the number of housing units in the Subscriber's jurisdiction bears to the total number of housing units in all the Subscribers'jurisdictions. Pending completion of the DHHWCF expansion, each Subscriber's allocation (Principal) shall then be amortized over a 15-year period with interest at 6%per annum. Commencing the first quarter of the fiscal year following completion of the DHHWCF expansion(anticipated to be Spring 2009),each Subscriber's outstanding Allocation(Principal balance) shall be amortized over a 25 year period at 6%per annum as provided in subpart B below. (Any partial first year shall be prorated based on the actual period of operation during the first year, and the remainder of the first year charged at the other end of the 25-year period, i.e. after 25 full years have been completed.) The resultant amount for each Subscriber is called the "Subscriber's Capital Share", and shall be invoiced quarterly, as shown in Table B6. No Subscriber shall be required to pay any other Subscriber's Capital Share. Table B5: Ori final DHHWCF Cai2ital Costs Original Expense ;E • Cos ts DHHWCF Costs Planning/Design $70,000 $74,644.60 Construction $700,000 $750,911.20 Construction Contingency $75,000 Permits $30,000 $21,732.32 Equipment $40,000 $32,767.11 District Staff $150,000 $209,569.28 Engineering/Admin Contingency $10,000 $8,544.21 CIWMB Grant $150,000 ($150,796.00 Total $925,000 $947,372.72 Amendment No. 1 to HHW Collection Services Agreement Last printed 3/20/2008 8:58:00 AM Page B-4 i i i Table 136: Original DHHWCF Cost Distribution .. DDSD 69:.4% $657,476.68 Bay Point 8.5% Pittsburg23.0% Antioch 37.9% Brentwood 9.8% $92,842.53 Ironhouse S. D. 12.2% $115,579.47 Unincor . County 8.6% $81,474.06 Total 100.0% $947,372.74 HU=Housing Units(2000 Census) i Table B6 reflects,the District(and not the Subscribers) shall pay the Subscribers Capital Shares for the Cities of Antioch and Pittsburg and for the Bay Point area. Such Subscribers Capital Shares shall not be included in the total capital costs of the facility or in the operating costs charged Subscribers pursuant to Part 1 of this Exhibit B. B. Facility Expansion The total capital cost charged by the District to the Subscribers for the anticipated 2008 expansion of the facility shall be the total of the District's actual costs in planning and constructing the expansion of the DHHWCF less any revenue for the capital facility project, such as proceeds of grants or fundraising efforts. The District's actual costs shall be in the categories specified in the capital budget set forth in Table B7 below, including, but not necessarily limited to, the direct cost of labor(salary and benefits),direct administrative and management oversight of the facility project, design,.inspection, and construction. The District's actual costs shall not include any borrowing costs or other expenses not included in Table B7. District shall use its best efforts to complete the facility expansion within the capital budget in Table B7. Subscribers agree to pay no more than the costs identified in Table B8. Should the actual costs exceed the $450,000 shown in Tables B7 and B8, the District and Subscribers will meet to discuss funding options. Upon completion of the expansion (anticipated completion Spring 2009),the District will allocate the total capital costs of the expansion (not to exceed $450,000) among the Subscribers based on the number of housing units in each Subscriber's jurisdiction. Each Subscriber's allocation (the Subscriber's "Principal") shall be in the same proportion to the total capital costs of the expansion as the number of housing units in the Subscriber's jurisdiction bears to the total number of housing units in all of the Subscribers'.jurisdictions as shown in Table B8. Commencing the first quartdr of the fiscal year following the completion of the DHHWCF expansion, each Subscriber's Principal for the expansion shall be combined with the Subscriber's outstanding Principal balance from the original facility construction. Each Subscriber's combined allocation (Principal) shall then be amortized over a 25-year period with interest at 6% per annum. The resultant amount for each Subscriber is called the"Subscriber's Capital Share", and shall be invoiced quarterly. No Subscriber shall be required to pay any other Subscriber's Capital Share. Amendment No. I to HHw Collection Scrvices'Agrccmcnt Last printed 3/20/2008 8:58:00 AM Page B-5 i i I i i Table 137: Estimated DHHWCF:Exi2ansion Capital Costs Costs,Estimated Expense Expansion Planning/Design $73,000 Construction $575,000 Construction Contingency i $57,500 Permits $'10,000 District Staff $34,500 CIWMB Grant ($300,000) Total $450,000 Table 68: Estimated DHHWCF Expansion Cost Distribution Community %of HU* Total Cost DDSD 67.6% $304,200 Bay Point 10.9% Pittsburg 21.4% Antioch' 35.3% Brentwood 16.3% $73,350 Ironhouse S.D. 10.7% $48,150 Unincorp. County 5.4% $24,300 100.0% $450,000 Housing Unit(HU)estimates from the State of California, Department of Finance,E-5 Population and Housing Estimates for Cities,Counties and the State,2001-2006,with 2000 Benchmark.Sacramento,California; unincorporated breakdown prorated using Contra Costa County 2000 Census numbers Table B8 reflects, the District (and not the Subscribers) shall pay the Subscribers Capital Shares for the Cities of Antioch and Pittsburg and for the Bay Point area. Such Subscribers Capital Shares shall not be included in the total capital costs of the facility or in the operating costs charged Subscribers pursuant to Part I of this Exhibit B. C. Prepayment A Subscriber may elect to make,a partial or full prepayment of Principal (the Subscriber's allocation of actual capital cost of the original facility and expansion) at any time or from time to time before the Principal is due. A payment of Principal only is known as a "Prepayment." When making a Prepayment, the Subscriber shall tel the District in writing that a Prepayment is being made. The Subscriber may not designate a payment as a Prepayment unless all other payments of the District are;current. Subscribers may make any full or partial Prepayment without paying any Prepayment charge. D. Guaranteed Usa;?e The District guarantees Subscribers the.usage of the facility for thirty (30) years commencing the first quarter of the fiscal year following the completion of the facility expansion. Amendment No. I to IIIi\','Collection Services Agreement last printed 3.111/2008 8:28:00 AM Page B-6 I i AMENDMENT NO. I TO THE AGREEMENT BETWEEN CONTRA COSTA COUNTY, IRONHOUSE SANITARY DISTRICT, THE CITIES OF A.NTIOCH, BRENTWOOD & PITTSBURG AND DELTA DIABLO SANITATION DISTRICT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICES 1. EFFECTIVE DATE AND PARTIES: This is Amendment No. 1 (this "Amendment") to the Agreement between Contra Costa County, lronhouse Sanitary District, the Cities of Antioch, Brentwood& Pittsburg and Delta Diablo Sanitation District for Household Hazardous Waste Collection Services dated as of July 1, 2002 (the "Original Agreement"). This Amendment is effective April 9, 2008 and is made by and between Delta Diablo Sanitation District, herein called "District," and Contra Costa County, Ironhouse Sanitary District, and the Cities of Antioch, Brentwood and Pittsburg, herein called "Subscribers," for household hazardous waste collection services. District and the Subscribers are collectively referred to as the "Parties," and each is a "Party." 2. PURPOSE: .The Parties now desire to amend the Original Agreement as follows: a. Section 6.7 - Amendments shall be deleted in its entirety and replaced with the following: "No alterations or variation in the terms of this Agreement or any amendment to this Agreement shall be valid unless made in writing and signed by all Parties. The City Managers, Executive Directors or General Managers of the Parties are hereby authorized, after consulting with their respective legal counsels, to agree upon and execute for their respective agencies written non-material amendments.to Exhibit A] of this Agreement including, but not limited to, changes in the hours of operation for the Collection Facility." b. Exhibit A - Scope of Work shall be deleted in its entirety and replaced with Exhibit Al - Scope of Work, attached hereto and incorporated herein by reference. C. Exhibit B - Budget/Expenses shall be deleted in its entirety and replaced with Exhibit B1 - Budget/Expenses, attached hereto and incorporated herein by reference. 3. EFFECT: Except for the amendments agreed to herein, the above referenced Original Agreement retrains in full force and effect. 4. COUNTERPARTS: This Amendment may be executed in multiple counterparts, each of which shall be deemed an original and all of which.together shall constitute one and the same instrument. �wd ���Recycled Paper :: Amendment No. I to HHW Collection Services Aeement st pnnte belta Diablo ritlation District 2500 Pittsburg-Antioch Highway,f�nT�dch,CA 94509-1373 (925)756-1900 Administration Fax:(925)756-1961 9 Maintenance Fax:(925)756-1963 9 Operations Fax:(925)756-1962 • Technical Services Fax:(925)756-1960 i i i 5. SIGNATURES: The following signatures attest the Parties' agreement hereto. i DELTA DIABLO SANITATION DISTRICT CITY OF ANTIOCH By: By: Name: Gary W. Darling Name: Title: General Manager Title: Dated: Dated: Approved as to form: Approved as to form: By: By: Name: Mary Ann Mason Name: Title: District Counsel Title: Dated: Dated: CITY OF PITTSBURG CONTRA COSTA COUNTY By: By: - Name: Name: Title: ---- __ Title: CI lW P?Wd .Of �Sx(50( i Dated: Dated: i Approved as to form: Approved as to form: By: -- ----- By: gm ROVED Name: Natne: Title: Title: By Deput Dated: Dated: Amendment No. I to III IW Collection Services!Agreement List painted 3/11/2008 8:21:00 AM Page 2 i i i CITY OF BRENTWOOD 1RONHOUSE SANITARY DISTRICT By: --- - --- By: Name: Name: Title: Title: Dated: Dated: Approved as to form: Approved as to form: By: By: Name: Name: Title: Title: ; Dated: Dated: ; ; ; Amendment No. Ito I I I I WCollection Ser vices:Agreement List printed 3111/2008 8:22:00 AM Page 3 i EXHIBIT Al SCOPE OF WORK i 1. SUMMARY OF SERVICES Pursuant to the terms of this Agreement; the District will own and operate a household hazardous waste (HHW) and Conditionally Exempt Small Quantity Generator (CESQG) waste collection facility according to all applicable local, regional, State and Federal regulations. The District and/or District's Contractor will provide personnel, equipment, and supplies necessary for the collection, identification, . segregation, packaging, transportation, reuse, recycling, treatment, and disposal of Acceptable Hazardous Waste received from areas within the jurisdiction of the Subscribers (currently all East Contra Costa County residents and CESQG businesses). A. Collection Facility The District owns and operates;a full-scale permanent household hazardous waste collection facility, called the Delta House]iold Hazardous Waste Collection Facility, at 2550 Pittsburg- Antioch Highway in Pittsburg, ;California. The facility will be open to the public (East County residents) every Thursday, Friday, and Saturday (except holidays) from 9:00 a'm. to 4:00 p.m. for residential users, except as,'otherwise mutually agreed upon in writing by designees for all Parties. Holidays include Memorial Day, Independence Day, Thanksgiving Day, Thanksgiving weekend,, and the week between the Christmas and New Year's holidays. B. Mobile Collection Events The District will provide three one-day mobile collection events each year. There will be one event in the City of Oakley, one event in the City of Brentwood, and one event in the unincorporated area of Contra Costa County (Bethel Island, Byron, Discovery Bay or Knightsen). The mobile collection events will be open to all residents of East Contra Costa County. C. Waste Manap-elnent The District will use the following hierarchy of waste management: reuse; recycle; chemical, biological, or physical treatment; fuel incineration; destructive incineration; stabilization and encapsulation prior to landfill; and direct landfill. D. Wastes Collected The District will regularly collect all Acceptable Hazardous Waste at its permanent collection facility with the exception of asbestos and railroad ties or other pressure treated wood. Asbestos, railroad ties, or other pressure treated wood may be collected at special events or at a later time if funds (e.g. grants, etc.) are;available, upon agreement in writing of all Parties. Amendment No. 1 to IIHW Collection services Agreement Last printed 3/11/2008 8:22:00 AM Page A-1 I • I i I E. Conditionally Exempt Small Quantity Generators The District and/or the District's Contractor will provide CESQG services to eligible businesses in East Contra Costa County. The District will accept CESQG waste, by appointment only, during hours when the facility is not open to residents. All costs associated with the CESQG program will be paid for by the CESQGs. F. HHW Hotline The District will maintain and staff an information hotline for the HHW Program (currently 925- 756-1990) where residents and businesses can call for information on the HHW Program and CESQG services. G. Program Promotion/Publicity I Promotion and publicity of the HHW Program will be left to individual Subscribers subject to review and approval of the District. The District will develop and distribute small paper leaflets at District offices and will provide a reproducible copy to Subscribers for individual distribution. This leaflet will be circulated to Subscribers for comment. The District may, at a later date and at the request of Subscribers, coordinate region-wide publicity of the HHW Program, however region-wide publicity is not currently a part of the Scope of Work or the Budget. I I I H. Electronic Waste The District will accept electronic waste, as defined for electronic devices in Section 66273.9 of the California Code of Regulations, from residents, businesses, and Subscribers. The electronic waste will be recycled using the contract services of an Approved Recycler by the California Integrated Waste Management;Board. Subscribers may, at their own discretion and expense, recycle their own Subscriber generated or abandoned electronic waste through the District's approved contractor. The electronic waste will be picked up at the Subscribers' designated single site location. The District and/or Recycler will invoice the Subscriber separately for any electronic waste recycling services rendered. i II. SERVICE AREA AND PROGRAM CAPACITY i The Program shall serve residents living in areas within the jurisdiction of the Subscribers to this Agreement or are represented by Subscribers to this Agreement. For the purposes of monitoring and reporting the number and location of households served; every resident visiting the Collection Facility will be asked to show identification to verify that their residence is located within the eligible service area. Furthermore, this information can be used to assure that CESQG businesses are not attempting to avoid charges by delivering the waste as a resident. A list of residential.HHW service users' addresses will be kept on file by the.District and provided to Subscribers upon request. I Amendment No. 1 to lillw Collection Services Agreement Last printed 3/11/2008 8:26:00 AM Page A-2 I I I i I Ill. REPORTING i District shall prepare and file all reports required by applicable laws or regulations, including State Form 303. District shall, in addition, provide the Subscribers with status reports and a copy of State Form 303. The status report shall address all relevant issues of the Program, including but not limited to: • The types and quantities of waste received • Recycling and disposal methods for each type of waste received • Number of households and vehicles served from each jurisdiction • Anticipated changes or issues that may affect Program design and Budget 4 Anticipated over or under Budget expenditures • A copy of correspondence from;State or other regulatory agency related to site inspections • Unusual occurrences • A detailed itemization of expenses for each Budget component The District will provide four status reports each fiscal year. Quarterly status reports will be distributed by October 20, January 20, April 20 and July 20 of each year, respectively. District will respond to any reasonable request by Subscriber, for information or reports on participation, waste types or waste quantities or other reasonable requests for information needed to satisfy AB 939 reporting requirements based on data collected by the District. IV. LAWS . District and its Contractor shall comply with all applicable laws and regulations, including but not limited to environmental laws and provisions of California Health and Safety.Code Sections 25218 through 25218.10. I I I I I I I I I I I I Amendment No. 1 to HF1W Collection Services Agreement Last printed 3/11/2008 8:27:00 AM Page A-3 EXHIBIT B1 BUDGET/EXPENSES I. OPERATING COSTS The total amount of the operating costs charged by the District to the Subscribers shall be the District's actual operating costs in providing the services described in Exhibit A, less any revenue derived from operation of the HHW collection facility', such as proceeds from the sale of collected materials, proceeds of grants and charges to CESQGs. This total amount of operating costs shall be apportioned among the Subscribers based on the actual usage of the HHW collection facility by persons from the Subscriber's jurisdiction. The District will send each Subscriber an invoice after the end of each three-month quarter, as specified in Section 3.2. For the first three quarters of the fiscal year, the District will invoice each Subscriber its average quarterly payment for the prior fiscal year, rounded to the nearest one hundred dollars. For the fourth quarter of the fiscal year, the District will send each Subscriber an invoice for such Subscriber's Share of the total annual operating costs (tile "Subscriber's Share"), based on such Subscriber's actual usage during the eiitire fiscal year, less the amount previously paid. The District's actual costs shall include only those categories specified in Table B2 below. These actual costs shall include, but are not necessarily limited to, the direct costs of labor (salary and benefits), consumables, utilities, direct administrative and management oversight, and any costs of Contractors for start-up services or for the Contractor receiving, handling, transporting and disposing of Acceptable Hazardous Wastes (with the exception of asbestos, railroad ties, other pressure treated wood and electronic wastes) delivered to the collection facility. Parties will not be invoiced for actual costs associated with receiving, handling, transporting and disposing of electronic waste, asbestos, railroad ties,'or other pressure treated,wood. Actual costs shall not include: rent or equivalent for use of District land or its improvements; billing to and collection from households and other persons served by the District; District management other than the time spent on HHW matters by the managers directly and immediately responsible for and involved in overseeing HHW matters; or other District overhead, general and administrative:expenses. Tile costs associated with the collection of electronic waste shall have its own funding source (e.g. user fees, SB 20/50 reimbursements, etc.). Any revenues generated from the collection of electronic waste shall be used to offset actual operating costs listed in Table B2. Table B1: Participation Projections Statistics 2007108 2008/09 2009/10 2010/11 2011/12 No. of Households (HH) 91,597 94,947 97,795 100,729 103,751 Percent Participation 7.5% 8.0% 8.5% 9.0% 9.5% No. of Vehicles 7,121 7,824 8,562 9,338 10,152 Operating Days 150 150 1 150 1 150 150 Vehicles per Day 47 1 52 57 62 1 68 Amendment No. I to 1-11 IW Collection Services Agreement last printed 3/11/2008 8:27:00 AM Mage B-1 i i i I . I I I Table B2: Expense Projections Expense 2 007/08 0� : 0• 0092010/11 2011/12 District Salaries & Benefits $145,000 $142,000 $149,100 $156,555 $164,383 Transportation & Disposal $200,000 $210,000 $200,000 $210,000 $220,500 Mobile Events $12,360 $12,978 $13,627 $14,308 $15,024 Contract Labor $79,310 $110,000 $115,500 $121,275 $127,339 Public Relations/Promotions $25,000 $25,750 $27,038 $28;389 $29,809 Maintenance & Repairs :$5,000 $5,150 $5,408 $5,678 $5,962 Materials & Supplies $10,300 $10,815 $11,356 $11,924 $12,520 Utilities ;$2,575 $2,704 $2,839 $2,981 $3,130 Other Costs � $2,575 $2,704 $2,839 $2,981 $3,130 Total $490,020 $520,746 $546,783 $574,122 $6021828 Table B3: Estimated Cost Projections for District &Outside Jurisdictions Community % of HU* 2007/08 2 1 008/09 2009/10 2010/11 2011'/12 DDSD 67.6% $104,754 $125,524 $143,125 $161,606 $181,012 Bay Point 10.9% $27,500 $27,500 $27,500 $27,500 $27,500 Pittsburg 21.4% $75,000 $75,000 $75,000 $75,000 $75,000 Antioch 35.3% $124,000 $124,000 $124,000 $124,000 $124,000 Brentwood 16.3% $79,873 $84,882 $89,126 - $93,582 $98,261 Ironhouse S.D. 10.7% $52,432 $55,720 $58,506 $61,431 $64,503 Unincorp. County 5.4% $26,461 $28,120 $29,526 $31,003 $32,553 100.0% $490,020 $520,746 $546,783 $574,122 $602,828 Housing Unit(HU)estimates from the State of California,Department of Finance,E-5 Population and Housing Estimates for Cities,Counties and the State,2001-2006,with 2000 Benchmark.Sacramento,California;unincorporated breakdown prorated using Contra Costa County 2000 Census numbers The portion of the Subscriber's Share;for the jurisdiction in the District's service area (the unincorporated area of Bay Point and;the Cities of Pittsburg and Antioch) which is payable by the Subscriber shall be capped at the amounts indicated for Bay Point, Pittsburg and Antioch in Table 133. The excess of the Subscriber's Share,:for such jurisdictions of Bay Point, Pittsburg and Antioch shall be paid by the District and not by any Subscriber. The excess paid by the District shall not be an actual operating cost of the District for purposes of determining the Subscribers' Shares pursuant to the first paragraph of this Exhibit B. District.I may elect to recover the excess from District's sewer use or other charges to households and other persons in its jurisdiction. The Subscriber's Share for the jurisdictions outside the District's service area (City of Brentwood, Ironhouse Sanitary District and unincorporated County other than Bay Point) shall be paid in full by the Subscriber. No Subscriber shall be required to pay any other Subscriber's Share.' Actual usage of the HHW collection facility by the persons from a Subscriber's jurisdiction will be determined by the city and zip code;on the identification provided by each user of the facility. Table B4 shows the city and zip codes of the users from the Subscriber's jurisdiction, and the Subscriber (or the District) which will be allocated the actual users giving the city and zip code. Amendment No. I to HI-IW Collection Services Agreement Last printed 3/11/2008 8:27:00 AM Page B-2 I i I i • I I Table 64: Billing Table Ju0scliction Billed Antioch 94509 City of Antioch/DDSD Antioch 94531 City of Antioch/DDSD Bay Point 94565 Contra Costa Count /DDSD Bethel Island 94511 Ironhouse Sanitary District Brentwood 94513 City of Brentwood Byron 94514 Contra;Costa Count Discovery Bay 94514 Contra Costa Count Kni htsen 94548 Contra Costa Count Oakley 94561 Ironhouse Sanitary District ,Pittsburg 94565 City of Pittsbur /DDSD I I I I I I I I I I I I I i Amendment No. I to HFIW Collection Services.'Agreement List printed 31111/2009 8:27:00 AM Page B-3 •' I • it I II. CAPITAL COSTS The Delta Household Hazardous Waste Collection .Facility (DHHWCF) is a full-scale permanent household hazardous waste facility that began operations in April 2003. An expansion to the DHHWCF is planned for construction in spring of 2008. The following sections outline the distribution of capital costs between the District and Subscribers for the original facility construction(Part A) and the planned expansion (Part B). A. Original Facility The total capital cost charged by the District to the Subscribers for the original facility shall be .the total of the District's actual costs in planning and constructing the planned full-scale permanent household hazardous waste facility less any revenue for the capital facility project, such as proceeds of grants or fundraising efforts. The District's actual costs are shown in Table B5. The District will allocate the total capital costs among the Subscribers based on the number of housing units in each Subscriber's jurisdiction. Each Subscriber's allocation (the Subscriber's "Principal") shall be in the same;proportion to the total capital costs as the number of housing units in the Subscriber's jurisdiction bears to the total number of housing units in all the Subscribers'jurisdictions. Pending completion of the DHHWCF expansion, each Subscriber's allocation (Principal) shall then;be amortized over a 15-year period with interest at 6%per annum. Commencing the .first quarter of the .fiscal year following completion of the DHHWCF expansion (anticipated to be Spring 2009), each Subscriber's outstanding Allocation (Principal balance) shall be amortized over a 25 year period at 6%per annum as provided in subpart B below. (Any partial first year shall be prorated based on the actual period of operation during the first year, and the remainder of the first year charged at the other end of the 25-year period, i.e. after 25 full years have been completed.) The resultant amount for each Subscriber is called the "Subscriber's Capital Share", and shall be invoiced quarterly,as shown in Table B6. No Subscriber shall be required to;pay any other Subscriber's Capital Share. Table 135: Original DHHWCF Capital Costs OriginalExpense 1 ted Costs DHHWCF Costs Estima Planning/Design $70,000 $74,644.60 Construction ' $700,000 $750,911.20 Construction Contingency $75,000 Permits $30,000 $21,732.32 Equipment $40,000 $32,767.11 District Staff $150,000 $209,569.28 Engineering/Admin Contingency $10,000 $8,544.21 CIWMB Grant $150,000 $150,796.00 Total $925,000 $947,372.72 I I II Amendment No. I to FII I W Collection Services;Agrcement Last printed 3/20/2008 8:58:00 AM Page B-4 I I Table B6: Original DHHWCF Cost Distribution DDSD 69:4% $657,476.68 Bay Point 8:5% Pittsburg23.0% Antioch 37.9 Brentwood 9.8% $92,842.53 Ironhouse S. D. 12.2% $115,579.47 Unincor . County 8.6% $81,474.06 Total 100.0% $947,372.74 HU=Housing Units(2000 Census) Table B6 reflects, the District and not the Subscribers shall a the Subscribers Capital Shares ( ) PY p for the Cities of Antioch and Pittsburg and for the Bay Point area. Such Subscribers Capital Shares shall not be included in the total capital costs of the facility or in the operating costs charged Subscribers pursuant to;Part 1 of this Exhibit B. j B. Facilit�Expansion The total capital cost charged by the District to the Subscribers for the anticipated 2008 expansion of the facility shall be the total of the District's actual costs in planning and constructing the expansion of the DHHWCF less any revenue for the capital facility project, such as proceeds of grants or fundraising efforts. The District's actual costs shall be in the categories specified in the capital budget set forth in Table B7 below, including, but not necessarily limited to, the direct cost of labor(salary and benefits), direct administrative and management oversight of the facility project,design, inspection, and construction. The District's actual costs shall not include any borrowing costs or other expenses not included in Table B7. District shall use its best efforts to complete the facility expansion within the capital budget in Table B7. Subscribers agree to pay no more than the costs identified in Table B8. Should the actual costs exceed the$450,000 shown in Tables B7 and B8,the District and Subscribers will meet to discuss funding options. Upon completion of the expansion (anticipated completion Spring 2009), the District will allocate the total capital costs of the expansion (not to exceed $450,000)among the Subscribers based on the number of housing units in each Subscriber's jurisdiction. Each Subscriber's allocation (the Subscriber's "Principal") shall be in the same proportion to the total capital costs of the expansion as the number of housing units in the Subscriber's jurisdiction bears to the total number of housing units in all of the Subscribers'jurisdictions as shown in Table B8. Conunencing the first quartet of the fiscal year following the completion of the DHHWCF expansion, each Subscriber's Principal for the expansion shall be combined with the Subscriber's outstanding Principal balance from the original facility construction. Each Subscriber's combined allocation (Principal) shall then be amortized over a 25-year period with interest at 6% per annum. The resultant amount for each Subscriber is called the"Subscriber's Capital Share", and shall be invoiced quarterly. No Subscriber shall be required to pay any other Subscriber's Capital Share. Amendment No. I to FIHW Collection Servicesi Agreement Last printed 3!20,/2008 8:58:00 AM Page B-5 I I I I I I I Table 137: Estimated DHHWCF Expansion Ca ital Costs CostsExpense Expansion Planning/Design $73,000 Construction $575,000 Construction Contingency $57,500 Permits $10,000 District Staff $34,500 CIWMB Grant ($300,000) Total $450,000 Table 68: Estimated DHHWCF Expansion Cost Distribution Community % of HU* Total C olst DDSD 67.6% $304,200 Bay Point 10.99. Pittsburg 21.4 Antioch 35.3% Brentwood 16.36/o $73,350 Ironhouse S.D. 10.7% $48,150 Unincorp. County 5.4% $24,300 100.0% $450,000 Housing Unit(HU)estimates from the State of California, Department of Finance, E-5 Population and Housing Estimates for Cities,Counties and the State,2001-2006,with 2000 Benchmark.Sacramento,California;unincorporated breakdown prorated using Contra Costa County 2000 Census numbers i Table 138 reflects, the District (and not the Subscribers) shall pay the Subscribers Capital Shares for the Cities of Antioch and Pittsburg and for the Bay Point area. Such Subscribers Capital Shares shall not be included in the total capital costs of the facility or.in the operating costs charged Subscribers pursuant to Part I of this Exhibit B. C. Prepayment A Subscriber may elect to make a partial or full prepayment of Principal (the Subscribers allocation of actual capital cost of the original facility and expansion) at any time or from time to time before the Principal isdue. A payment of Principal only is known as a "Prepayment." l When making a Prepayment, the Subscriber shall tell the District in writing that a Prepayment is being made. The Subscriber may not designate a payment as a Prepayment unless all other payments of the District are current. Subscribers may make any full or partial Prepayment without paying any Prepaymdnt charge. D. Guaranteed Usap-e The District guarantees Subscribers the usage of the facility for thirty (30) years commencing the first quarter of the fiscal year following the completion of the facility expansion. I I I Amendment No. I to HHW Collection Services Agreement last printed 3/11/2008 8:28:00 AM Page B-6 I