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HomeMy WebLinkAboutAGENDA REPORT 1994 0202 CC REG ITEM 11G . ITEM / 1. 6'. -,"fr'<. CAU_„_... - "CoJnci1 Moo ,i AGENDA REPORT - G�� 199 `7 .",C1iON:490/062/„.. City of Moorpark LyD �j�.�l.� , TO: The Honorable City Council l��r FROM: Jill R. Myers, Solid Waste Coordinator01,.... DATE: January 25, 1994 (CC Meeting of February 2, 1994) SUBJECT: Consider Approval of an Agreement with the City of Simi Valley for Joint Use and Funding of a Resource Conservation Center (RCC) for the Purpose of Collecting Recyclable Household Hazardous Waste, and Consider Approval of Appropriation and Expenditure Funds. SUMMARY The City Council is being asked to consider approval of an agreement for joint use and funding of a Resource Conservation Center (RCC) located in Simi Valley, for the collection of recyclable household hazardous wastes. The attached agreement provides for Simi Valley's operation of the RCC with Moorpark partially reimbursing Simi Valley for a portion of the capital costs and a per vehicle fee for each Moorpark vehicle visiting the RCC. BACKGROUND For the last two (2) years the cities of Simi Valley, Moorpark, and the County have been discussing the construction and operation of a Resource Conservation Center (RCC) . The Moorpark City Council allocated capital and user fee costs in the 1992/93 budget, and again in the 1993/94 budget in anticipation of such a facility. The City of Simi Valley recently completed construction of the Resource Conservation Center (RCC) located at 670-A West Los Angeles Avenue in Simi Valley. The RCC is a permanent collection center and storage facility for recyclable household hazardous waste (latex/ water-based paint, automotive batteries, motor oil, oil filters, and antifreeze) . Beginning February 26, 1994, the RCC will be open on Saturdays, from 12:00 p.m. to 4:00 p.m. (except for rain days) , on an appointment-only basis to control lines, traffic, and costs. A telephone number will be advertised and Simi Valley will be responsible for accepting all appointments. It is anticipated that a total of fifty (50) appointments will be accepted each day the RCC is open. Honorable City Council Resource Conservation Center February 2 , 1994 Page 2 The first four (4) weeks of operation - beginning on February 26, 1994 - will be on a limited basis while the on-site Simi Valley employee training is conducted. During this time, only 10 - 20 appointments will be scheduled each day. Once fully operational, Simi Valley will guarantee at least eleven (11) appointment slots - 22% for Moorpark vehicles - more or less based on the allocated budget for this program. The term of the Agreement is one (1) year and is automatically renewed each year thereafter unless prior written notice (90 days) is given. The Agreement calls for Moorpark to reimburse Simi Valley for costs associated with the building of the facility. Moorpark's share ($15,500) includes the costs for architect fees, hazardous waste storage unit, the walled enclosure, installation of utilities, and required landscaping/irrigation. If the facility is closed within the first two years of operation, Moorpark will be reimbursed $7,500. In the 1993/94 Moorpark budget, the City allocated $14,000 for capital outlay of the HHW facility. This figure was initially provided by Simi Valley prior to the completion of the facility. At completion, the actual construction costs increased. Moorpark's share is $15,500 - an increase of $1,500 from the budgeted figure. Staff is requesting that the City Council approve an additional appropriation of $1,500 from the AB 939 Solid Waste Management Account (161) reserves, held within the General Fund. To account for Moorpark's share of the on-going costs for using the RCC, a per vehicle fee structure has been proposed. The per vehicle fee is comprised of two components. The first component is a base fee of $23 .50 per vehicle which covers the costs for personnel, training, operating supplies, utilities, mailings, potential closure costs and liability, and disposal of unknown hazardous waste that may be deposited at the site. The second component of the per vehicle fee accounts for variable costs based on the transportation, handling, and recycling costs of the materials accepted. The variable fees are as follows: • $4.00 for up to two (2) automotive batteries; • $19.50 for up to five (5) gallons of liquid material and two (2) automotive batteries; • $ 23 .50 for up to ten (10) gallons of liquid material and two (2) automotive batteries; and • $27.50 for up to thirty (30) gallons of liquid material and two (2) automotive batteries. Honorable City Council Resource Conservation Center February 2, 1994 Page 3 Residents can only legally bring up to ten (10) gallons of paint or antifreeze, two automotive batteries, and up to twenty (20) gallons of used motor oil at one time. In an effort to contain costs for participation at the RCC, Moorpark residents will be encouraged to return automotive batteries to the place of purchase, and utilize the used oil certified collection center in Moorpark to dispose of motor oil. Total fees, comprised of the base fee plus the variable fee range from $27.50 - $51.00 per vehicle. In the Moorpark 1993/94 Budget, Council allocated $7,500 for contractual services (user fees) for the RCC facility. The amount allocated will sufficiently fund the program until the next fiscal year. Simi Valley has negotiated a similar agreement with the County of Ventura, for use by residents living in the unincorporated areas surrounding Moorpark and Simi Valley. The Simi Valley City Council considered the agreement, and approved it at their January 24, 1994, City Council meeting. The County Board of Supervisors approved its agreement with Simi Valley at its January 25, 1994 meeting. The Moorpark City Attorney has reviewed the Agreement and provided comments regarding liability, indemnification, and assignment of the contract to sub-contractors (see attached letter) . The City Attorney's comments (from the attached letter and those provided directly on the draft agreement) were incorporated into the final document. However, the issue of "assignment or subletting of the contract" (section 8 of the RCC Agreement) was further discussed with the Moorpark City Manager and Simi Valley staff. The City Attorney commented that the original agreement did not require Moorpark's approval of the assignment, and that if the assignee was under- capitalized, the indemnification to Moorpark would be meaningless. To address this issue, Simi Valley must provide Moorpark with at least ninety (90) days prior notice if Simi Valley intends to assign or subcontract the operation of the RCC. The ninety (90) day notice will allow Moorpark to appraise the assignment or investigate other options for recyclable HHW collection. This item was originally presented to the Public Works, Facilities, and Solid Waste Committee (Councilmembers Montgomery and Wozniak) in April, 1993 , and staff has provided progress reports on a continuous basis. The Committee has reviewed the agreement and concurs with staff's findings. Honorable City Council Resource Conservation Center February 2, 1994 Page 4 RECOMMENDATION (Roll Call Vote) The Public Works, Facilities, and Solid Waste Committee (Councilmembers Montgomery and Wozniak) and Staff recommend that the City Council: 1. Approve the Agreement with the City of Simi Valley for Joint Use and Funding of a Resource Conservation Center (RCC) for the Purpose of Collecting Recyclable Household Hazardous Waste, and authorize the Mayor to sign on behalf of the City. 2 . Appropriate an additional $1,500 from the General Fund Reserve (AB 939 Solid Waste Management Account Reserves as the source) to 01-160.902 . 3 . Approve the expenditure of $15,500 for capital costs ($14,000 + $1,500 appropriation) . 4 Approve the expenditure of currently budgeted funds for the RCC user fees as specified in this report, not to exceed $7,500. Attachments RECE fEO ote28 .1593 LAW OFFICES BURKE, WILLIAMS 8C SORENSEN VENTURA COUNTY OFFICE 611 WEST SIXTH STREET, SUITE 2500 BURKE,WILLIAMS,SORENSEN&GAAR 2310 PONDEROSA DRIVE SUITE I LOS ANGELES, CALIFORNIA 90017 LIGHTON PLAZA 7300 COLLEGE BOULEVARD CAMARILLO,CALIFORNIA 93010 (213) 236-0600 SUITE 220 (8051 987-3460 OVERLAND PARK, KANSAS 66210 (9131 339-6200 TELECOPIER (213) 236-2700 ORANGE COUNTY OFFICE 3200 BRISTOL STREET WRITER'S DIRECT DIAL SUITE 640 213-236-2721 COSTA MESA,CALIFORNIA 92626 (7141545-5559 OUR FILE NO 01359-001 December 27 , 1993 Jill Rubin Myers Solid Waste Coordinator City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Resource Conservation Center (RCC) Agreement with City of Simi Valley Dear Jill: By memorandum dated December 21, 1993 you have requested review of the above-described agreement by December 29th. Specific comments are noted on the enclosed draft. In addition, I make the following observations: A. Whatever the definitions of past, present and future liabilities in Paragraph 1, liabilities are imposed by law; nobody can be relieved of liability simply because of contractual language to that effect. The purpose of the last sentence of Paragraph 1 is further confused by the fact that Simi Valley is agreeing to indemnify and hold harmless Moorpark, as well as its officers, etc. , from certain types of liabilities pursuant to Paragraph 6. B. CERLA, as well as similar statutes, impose strict liability, that is, liability without negligence. Furthermore, Moorpark and Simi Valley cannot determine between themselves which entity shall be deemed the "generator" . Thus, notwithstanding Paragraph 5, Moorpark could be sued as a generator. Since Simi Valley's obligation to indemnify Moorpark is limited to Simi Valley's negligence pursuant to Paragraph 6, Moorpark is not totally shielded from liability under this Agreement. LAX.78979 1 • Jill Rubin Myers December 27, 1993 Page 2 If you have any questions relative to my comments, please do not hesitate to contact me. Ver trul yours, `74‹)?uuelL__ CHE' . KANE CIT ORNEY, MOORPARK; and BURKE, WILLIAMS & SORENSEN CJK:hsk Enclosure cc: Steven Kueny, City Manager LAX.78979 1 AGREEMENT BETWEEN THE CITY OF SIMI VALLEY/SIMI VALLEY COUNTY SANITATION DISTRICT AND THE CITY OF MOORPARK FOR JOINT USE AND FUNDING OF THE RESOURCE CONSERVATION CENTER THIS AGREEMENT is made and entered into in the City of Simi Valley on this day of , 1994, by and between the CITY OF SIMI VALLEY/ SIMI VALLEY COUNTY SANITATION DISTRICT, both municipal corporations, hereinafter referred to as SIMI VALLEY, and the City of Moorpark, a municipal corporation, hereinafter referred to as MOORPARK. WITNESSETH : WHEREAS, all municipalities in California are mandated by the California Integrated Waste Management Act ("Act") to establish a program for the segregation and safe handling of household hazardous waste; and WHEREAS, SIMI VALLEY and MOORPARK have adopted their respective Household Hazardous Waste Elements, providing implementation of a permanent collection facility- for recyclable household hazardous waste for a convenient method to safely dispose and recycle household hazardous waste; and WHEREAS, SIMI VALLEY has designed, constructed, and financed a facility for the collection of recyclable household hazardous waste, known as the Resource Conservation Center, hereinafter referred to as RCC, for use by residents of both Simi Valley and Moorpark; and NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be one (1) year from the date of this Agreement and shall be automatically renewed each year thereafter. Either party may elect to terminate this Agreement upon not less than ninety (90) days prior written notice. In the event that either party defaults in the performance of any obligation hereunder, and such party fails to correct such default within ten (10) business days of written notice of such default, the nondefaulting party may immediately terminate this Agreement by written notice. Termination of this Agreement relieves MOORPARK from all liabilities except as provided in Sections 4 and 6 herein. 2. SIMI VALLEY'S OBLIGATIONS. For and in consideration of the payments and agreements to be made and performed by MOORPARK, SIMI VALLEY agrees to furnish the services and perform all other tasks required by this Agreement. 98.1\recyle SIMI VALLEY shall own and operate the RCC, located at 670-A West Los Angeles Avenue, Simi Valley. The RCC shall be open during posted hours to residents of Simi Valley and Moorpark, and/or residents of other jurisdictions at the sole discretion of SIMI VALLEY, at no charge to the residents, for the drop-off of recyclable household hazardous waste, as defined in Section 3c hereinbelow. SIMI VALLEY shall package for shipment or recycling, as applicable, all recyclable household hazardous waste dropped-off at the RCC, in the manner authorized by law, and may subcontract with valid California Registered Hazardous Waste Haulers for transport of such materials off-site. MOORPARK may inspect and obtain copies of all licenses, permits, and approvals issued by any governmental agency to SIMI VALLEY or its subcontractors for the performance of this Agreement and all RCC records upon which billings to MOORPARK are based. MOORPARK may inspect the RCC, appointment records, and any of its operations and test any equipment, supplies, and containers furnished by SIMI VALLEY in the performance of this Agreement, upon reasonable notice. SIMI VALLEY shall be responsible for accepting appointments for resident use of the RCC and shall use a County Assessor's database computer program to determine the jurisdictional residence of all persons making an appointment. SIMI VALLEY shall maintain a record of participating residents by jurisdiction. This record will be used to allocate costs as delineated in Section 4b. SIMI VALLEY may accept recyclable household hazardous waste from residents of MOORPARK without appointments and allocate those additional costs to MOORPARK as if the resident had scheduled an appointment, as long as MOORPARK'S total budget, for this program is not exceeded. SIMI VALLEY shall monitor MOORPARK'S program expenses and notify MOORPARK prior to reaching their program budget limit. It shall be the policy of SIMI VALLEY to only accept uncontaminated recyclable household hazardous waste at the RCC. If residents bring other waste, they will be given the best available information on where or how to legally dispose of such waste. 3. SCOPE OF SERVICES. SIMI VALLEY shall perform recyclable household hazardous waste services for MOORPARK, as follows: a. Management/Administration. SIMI VALLEY shall provide the necessary personnel to perform the services herein specified. All facilities, equipment, supplies, and services required in the operation of the RCC shall be furnished by SIMI VALLEY. The RCC shall be managed by SIMI VALLEY within the guidelines and parameters established herein and by applicable State and Federal 98.1\recyle • law. To assist in documenting AB 939 waste diversion credit, within sixty (60) days of the end of each calendar year, SIMI VALLEY will provide MOORPARK with an estimate of the amount of recyclable household hazardous waste from MOORPARK residents that was recycled/diverted for the previous calendar year. b. Supervision. Supervision of the RCC'S day-to-day operations shall be vested in SIMI VALLEY. SIMI VALLEY shall assign individuals to this operation, who may be contacted during SIMI VALLEY'S normal business hours and during the hours of operation of the RCC. c. Recyclable Household Hazardous Waste Materials Defined. For the purposes of this Agreement, recyclable household hazardous waste shall mean and include only motor oil , vehicle oil filters, antifreeze, latex paint, and lead acid vehicle batteries. Recyclable household hazardous waste does not include these wastes produced in the course of operating a business, including a business operated out of a house. d. Time of Operation. Hours and the day of RCC operation shall be between 12:00 p.m. and 4:00 p.m. , Saturday, although hours may be modified as needed, at SIMI VALLEY'S sole discretion. The RCC shall be closed on all City of Simi Valley holidays, weekends immediately preceding or succeeding such holidays, and when weather conditions warrant such closure. MOORPARK recognizes that SIMI VALLEY may expand or contract the hours of operation of the RCC, if necessary in SIMI VALLEY'S sole judgment. SIMI VALLEY shall give MOORPARK written notice of such change of hours of operations not less than thirty (30) days prior to the change. Notwith- standing the foregoing, MOORPARK recognizes that the RCC, from time-to-time, may be closed for auditing and inspection by State or other regulatory agencies, and SIMI VALLEY shall not be liable therefor. e. Rules and Regulations. MOORPARK residents shall be required to comply with all rules and regulations issued by SIMI VALLEY regarding the completion of participation survey forms and the proper and safe use of the RCC. Such forms, rules and regulations may be modified by SIMI VALLEY from time- to-time with at least thirty (30) days prior written notification to MOORPARK. SIMI VALLEY reserves the right to refuse acceptance of contaminated recyclable household hazardous waste from residents, and to limit the volume of recyclable household hazardous waste being disposed of at the RCC, to the extent necessary to maintain safe operation at the RCC. SIMI VALLEY will abide by its prepared Best Management Practices, Standard Operating Procedures, Site Specific Health and Safety Plan, and Spill Containment and Control Plan for the safe operation of the RCC. 98.1\recyle . • Only those materials included in the Section 3c definition above shall be accepted at RCC. SIMI VALLEY shall contract with a licensed hazardous waste hauler to dispose of all other material left at the RCC. SIMI VALLEY shall be responsible for the payment of all costs related to the disposal of such material , and shall use its funding, such as the funds generated by the per vehicle fee, to pay these costs. f. Recyclable household hazardous waste material brought to the RCC shall become the property of SIMI VALLEY after being accepted for recycling. g. SIMI VALLEY reserves the right to publish and to make public all nonconfidential information gathered by it in the performance of this Agreement. 4. MOORPARK'S OBLIGATIONS. In consideration for SIMI VALLEY providing the services as specified in this Agreement, MOORPARK shall pay and SIMI VALLEY shall receive therefor compensation, which will be payable as follows: a. A one-time payment of $15,500 for partial reimbursement of expenses incurred in developing the RCC. SIMI VALLEY shall invoice MOORPARK for this amount following the opening of the RCC. MOORPARK shall pay this amount within forty-five (45) days of receipt of the invoice. Should SIMI VALLEY permanently close the RCC at any time during the first two (2) years of the RCC's operation, SIMI VALLEY shall reimburse MOORPARK $7,750 within thirty (30) days after the RCC's permanent closure date. b. A per vehicle fee shall be charged to MOORPARK based on the quantity of acceptable material brought to the RCC, for each vehicle actually accepted at the RCC, for those, persons who live in MOORPARK. MOORPARK shall notify SIMI VALLEY, in writing within ten (10) days of the effective date of this Agreement, of the budget allocated to this program for Fiscal Year 1993-94. MOORPARK shall notify SIMI VALLEY, in writing, by July 1st of each year, of the MOORPARK budgeted amount for this program for each Fiscal Year following, beginning with FY1994-95. SIMI VALLEY shall invoice MOORPARK for the costs within fifteen (15) days after the end of each quarter. Exhibit A provides the per vehicle fee schedule. Payment of the per vehicle fee, which includes funds for closure costs, liability costs, and disposal costs for other than recyclable household hazardous waste materials left at the RCC, shall relieve MOORPARK of any future costs related to these materials as they may occur. The per vehicle fee review and possible adjustment shall occur only once per fiscal year and shall become effective July 1st of the new 98.1\recyle fiscal year. SIMI VALLEY shall notify MOORPARK, in writing, at least 120 days prior to the end of the current fiscal year of any per vehicle fee adjustment and provide substantiating documentation. If MOORPARK is not noticed prior to the 120 day period, the current per vehicle fee shall automatically be effective for the next fiscal year. c. MOORPARK reserves the right to seek discretionary and nondiscretionary grants to assist in offsetting MOORPARK'S expenditures for the program, as available through the California Integrated Waste Management Board's Household Hazardous Waste Grant Program or any other qualifying program. d. MOORPARK may develop RCC educational materials for its residents with prior review by SIMI VALLEY. SIMI VALLEY shall provide any comments within five (5) working days after receipt of such materials from MOORPARK. 5. GENERATOR STATUS. SIMI VALLEY may combine the household hazardous waste collected from MOORPARK residents with such waste collected from SIMI VALLEY residents. For the purposes of this Agreement, SIMI VALLEY shall be deemed to be the generator by law, according to the Federal Resource Conservation and Recovery Act, State Hazardous Waste Control Law, and Title 22 of the California Code of Regulations, of all waste collected from MOORPARK residents at the RCC. This shall not prevent MOORPARK from claiming any AB 939 diversion credit for the recyclable household hazardous waste brought to the RCC by MOORPARK residents. 6. HOLD HARMLESS AND INDEMNIFICATION. SIMI VALLEY agrees to defend, indemnify, and hold harmless MOORPARK, and its officials, officers, employees, representatives, servants, and agents, from and against all claims, lawsuits, liabilities, or damages -of whatsoever nature arising out of or in connection with, or relating in any manner to any act or omission of SIMI VALLEY, or its officials, officers, agents, employees, representatives, servants, contractors, and subcontractors of any tier thereof in connection with SIMI VALLEY'S performance of this Agreement. SIMI VALLEY shall thoroughly investigate any and all claims and indemnify MOORPARK and do whatever is necessary to protect MOORPARK, and its officials, officers, employees, agents, servants, and representatives as to any such claims, lawsuits, liabilities, or damages. MOORPARK agrees to defend, indemnify, and hold harmless SIMI VALLEY, and its officials, officers, employees, representatives, servants, and agents, from and against all claims, lawsuits, liabilities, or damages of whatsoever nature arising out of or in connection with, or relating in any manner to any act or omission of MOORPARK, or its officials, officers, agents, 98.1\recyle : • employees, representatives, servants, contractors, and subcontractors of any tier thereof in connection with the performance of this Agreement. 7. AMENDMENTS. Any amendment, modification, extension, or variation from the terms of this Agreement shall be in writing and shall be effective only upon written approval by the City Managers of SIMI VALLEY and MOORPARK. 8. ASSIGNMENT OR SUBLETTING CONTRACT. SIMI VALLEY may assign or subcontract any of the work or delegate any of its duties under this Agreement. SIMI VALLEY shall provide MOORPARK with at least ninety (90) days prior written notification if SIMI VALLEY intends to assign or subcontract the operation of the RCC, 9. AVAILABILITY OF FUNDS. The obligation of SIMI VALLEY to provide the services required by this Agreement is contingent upon the availability of State or local government funds for the operation of the RCC. If funds are not allocated for the continued operation of the RCC, services may • be terminated by SIMI VALLEY at the end of the period for which such funds are allocated. SIMI VALLEY shall notify MOORPARK at the earliest possible time of any services at the RCC which may be affected by a shortage of funds. No penalty shall accrue to SIMI VALLEY in the event that this right is exercised, and SIMI VALLEY shall not be liable by virtue of a reduction of services or termination of this Agreement pursuant hereto. 10. COMPLETE AGREEMENT. This written Agreement shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 11. ANTI-DISCRIMINATION. In the performance of the terms of this Agreement, SIMI VALLEY agrees that it will not engage in, nor permit such subcontractors as it may employ to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. 12. NOTICE. All written notices to the parties hereto shall be sent by United States mail , postage prepaid by registered or certified mail addressed as follows: CITY Director of Environmental Services City of Simi Valley 2929 Tapo Canyon Road Simi Valley, CA 93063 98.1\recyle - -_ MOORPARK Assistant to the City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 13. TIME OF PERFORMANCE. Time is of the essence in this Agreement. 14. AUTHORITY TO EXECUTE AGREEMENT. Both MOORPARK and SIMI VALLEY do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SIMI VALLEY, A Municipal Corporat'on attze-i(c,10,0-11-- By: MAIr Alice K. ed o . To . Assistant City Clerk CITY OF S I VALLEY,; City of Simi Valley SIMI VALLEY COUNTY SANITATION DISTRICT, A Municipal Corporation Lillian Hare BY: 4gratk City Clerk : I , ' I . City of Moorpark VALLE' COUNTY SANITATION DISTRICT APPROVED AS TO FORM: CITY OF MOORPARK, A Municipal Corporation By: JoCci)i*cce, City Attorney PAUL W. LAWRASON, MAYOR OF THE CITY OF MOORPARK APPROVED AS TO CONTENT: T : ' s roes er, i y 'anager City of Simi Valley Cao-Q _,( 110,b Diane Davis- rompton, lirector Department of Environmental Services City of Simi Valley 98.1Arecyle . . _ . EXHIBIT A PER VEHICLE FEE SCHEDULE AND DOCUMENTATION BASE FEE Personnel : $15.75 Training: .60 Appointment Confirmation Mailing: .53 Operating Supplies: 2.32 Utilities: .05 Closure: 1.50 (Site Disassembly and Clean-up) Liability: 1.50 Unknown/Unacceptable Material Disposal : 1 .25 SUBTOTAL $23.50 VARIABLE FEE: One of the four (4) following variable fees will be added to the above base fee for each vehicle accepted at the RCC. It shall be at the City of Simi Valley's sole discretion and judgment which fee is assigned to each vehicle accepted. Variable Fee #1 Up to two (2) vehicle batteries only. $4.00 Variable Fee #2 Up to two (2) vehicle batteries and/or up to and 19.50 including five (5) gallons of liquid material Variable Fee #3 Up to two (2) vehicle batteries and/or from five (5) gallons 23.50 up to and including ten (10) gallons of liquid material Variable Fee #4 Up to two (2) vehicle batteries and/or from ten (1) gallons 27.50 up to and including thirty (30) gallons of liquid material Liquid material shall include latex paint, motor oil , oil filters, and antifreeze. 98.1\recyle _ . EXHIBIT A TOTAL FEE SUMMARY Based on the above base and variable fees, the total per vehicle fee for the four fees are as follows: Fee #1 $27.50 Fee #2 $43.00 Fee #3 $47.00 Fee #4 $51.00 98.1\recyle