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2000-056- Town Manager To Execute The Agency Agreement For Countywide Ab 939 Implementation Fee And Execute An Agency Agreement With The County Of Santa Clara For Participation In A Hou.RESOLU'T'ION 2000 - 56 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGENCY AGREEMENT FOR COUNTYWIDE AB-939 IMPLEMENTATION FEE AND EXECUTE AN AGENCY AGREEMENT WITH THE COUNTY OF SANTA CLARA .FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR FY 200.1 THROUGH FY 2003 (JULY 1, 2000 -JUNE 30, 2003) 'THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS FOLLOWS: That the Town Manager is .authorized to execute: 1.) the .Agency Agreement -for Countywide AB 9.3'9 Implementation Fee (Exhibit A); and,. 2.) the .Agency Agreement with the County of Santa Clara to participate in the Countywide Household Hazardous Waste (HHW) Collection Program for FY 2000-O1 (Exhibit B); and; 3 .) future .amendments to the Agreements so long as they conform- to the adopted Town budget. ~~~ PASSED .AND ADOPTED at a regular meeting of the Town Council of the Town of .Los Gatos, California, held on the Sth day of June, 2:000, by the following vote: COUNCIL MEMBERS.: AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Przynsl~, Mayor Steven Blanton NAYS : None ABSENT: None .ABSTAIN: None SIGNED: ~~~ 1VIAYOR OF THE'TOWN OF LOS GA'I'OS LOS GATOS, CALIFORNIA ATTEST: cr-~,C.1 ~..~~~-c~~-,J CLERK Off' THE TOWN O OS GATOS LOS ~A~"OS, CAI IFC7RNIA ~~ ~~ ~Exh i bi t A ~~,C~R: c2©-US2- ~. AGENCY AGREEMENT FOR COUNTYWIDE . AB 939 IMPLEMENTATION FEE This Agreement is made. by and among the Cities and Towns of Campbell, Cupertino; Gilroy, .Los Altos, Los Altos .Hills, Los Gatos, .Milpitas,. Morgan Hill, Monte Sereno, ivlountain View, Palo Alto,. San Jose, Santa Clara, Saratoga and Sunnyvale (CITIES) and the County of Santa Clara{COUNTY) on the day of 2000. The"term CITIES may refer to CITIES collectively or individually. .RECITALS WHEREAS, pursuant to Public .Resources Code Section 41901, a city, county,. or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and .implementing an integrated waste management ,plan; and . WHEREAS, the Board of.Supervisors established the Countywide AB939 Implementation Fee effective July 1,.1992 to fund local costs of preparing, adopting, and implementing integrated waste management plans and programs; and WHEREAS,. the Solid Waste Commission of Santa Clara County has determined that a Countywide.AB. 939 Implementation Fee (Fee)ds necessary, pursuant to Public . Resource Code 41901, to :assist in ;funding the costs of preparing, ..adopting and implementing integrated waste management plans and programs in the fifteen cities aad:the unincorporated area of the county; and WHEREAS,. the Fee shall be imposed on each-ton of waste disposed of at landfills located within the county or takento non-disposal facilities located within the county where it is to be transported for disposal to andfills located outside of Santa Clara County; and . WHEREAS, state law requires jurisdictions to plan and implement household hazardous waste services; and WHEREAS, household hazardous waste (I-IIIW) programs. provide household hazardous waste management services to residents of Santa Clara County and are :necessary services. to enable. jurisdictions to meet the requirements of state law; and WHEREAS, jurisdictions in Santa Clara County :desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the ..garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a.health or environmental hazard. These wastes include;.but are not limited to, common household products such as household cleaning~products, AC3ENCY AC3REEMENT FOR COUNTYWIDB AB 939 II~II'LSMENTATION FSB !r~ spot remover, fiuniture polish, solvents,. oven cleaner, pesticides, oil based paints, motor oil, antifreeze and car batteries; and -~ WIiBRBAS, the Solid Waste Commission has determined that a Household Hazardous Waste Fee be added as part of the AB939 Implementation Fee to provide the necessary funding to operate the household hazardous waste programs in Santa Clara County;. and WHEREAS, the County will collect the Fee on behalf of the fifteen cities and the unincorporated area and will apportion. the Fee according to the terms of this Agreement. NOW, THEREFORE, CITIES and COUNTY OF SANTA. CLARA AGREE AS FOLLOWS: . 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which. the COUNTY will collect and distribute the Fee: of$2.8Uper-ton of waste to be disposed. The Fee is divided into two parts h) a Program Fee. of $1.3U per ton to assist in funding file costs of preparing,-adopting, and implementing the_integrated waste: management plan in the fifteen cities and the unincorporated area of the county;. and 2) a HHW Fee of $1.50 per ton to provide funding to implement the Countywide HHW Program.. The,Program Fee will be allocated among jurisdictions as described in Exhibit B. The HHW Fee will be allocatedto the COUNTY, CITIES, and Countywide HHW Pmgram and as described in Exhibit. C. The Fee shall be imposed on each ton of waste disposed of at landfills located within the county or taken to non-disposal .facilities locatedwithin~the county where it is to be transported for disposal to landfills located outside of Santa Clara County.. Non-disposal facilities are defined as those facilities included in the County of Santa Clara Non-Disposal Facility Element (ands subsequent. amendments to that Element).. 2. SERVICES PROVIDED BY COUNTY COUNTY will collecYand distribute the-Fee. COUNTY will collect the Fee from landfills and' non-disposal- facilities listed in Exhibit A, and' any landfill' or non- disposal facility subsequently permitted',. on a quarterly basis using. data from tonnage reports filed by landfill and non-disposal facility operators with the County Integrated' Waste Management Program. The COUNTY shall require each landfill and non- dsposaT facility to submit required payment,, documentation of tonnages disposed', and state-mandated Disposal Reporting System Reports on a quarterly basis,, within 45 days of the end' of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquentpenalties.. Collected funds and any late filing payments and delinquencypenaltes shall be distributed to CITIES and Countywide HHW Program based. on the formula set forth in Exhibits B and C. AC3ENCY AC3REEMENT FOR OOUNTYWIDE AB 939 IIVIPLEMENTATION FEE 2 COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators. 3. ROLE OF CITIES CITIES shall review the Disposal Reporting System Reports as :prepared and submitted by the COUNTY and shall report to COUNTY, with appropriate documentation, errors in waste allocations among. jurisdictions within 3Q days of receipt. 4. COLLECTION .AND USE OF FEE .Each. ton of waste will be subject to the Fee at the non-disposal facility or landfill,. but :not at both locations. Best efforts will be made to prevent tonnage :from being assessed a double fee {once at anon-disposal facility and again at a landfill within Santa Clara County). The Program Fee funding haze paid to CITIES shall be used to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in CITIES and the unincorporated area ofthe COUNTY. The HHW Feeportion shall assist in funding the costs of each city's shaze of HHW operations: .5. INSURANCE .Each party shall maintain its own insurance coverage,. through third party . .insurance, self :insurance or a combination thereof', against any claim, expense, .-.: .cost, damage or liability arising out ofthe performance of its responsibilities pursuant to this Agreement. 6. INDEMNIFICATION In lieu of and not withstanding the pro rata :risk allocation which :might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shazed pro rata but :instead the parties agree. that each of the parties hereto shah .fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability .arising out of, or in connection with, performance of its responsibilities pursuant to tfiis Agreement. Additionally, CITY shall indemnify,. hold harmless, .and defend COUNTY, its officers, agents, .and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees, arising from misuse oftheFee distributed to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any actions brought by third parties based on COUNTY'S negligence in the :collection or distribution of said Fees. AC3ENCY AC3REEMENT FOR DOUNTYWIDE AB ~9391Mpi,EMENTATION FSE 7. DISTRIBUTION OF FEE COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant to the formulas described' in Exhibits B and C within 45 days of receipt of landfill and non-disposal facility payments and disposal documentation required for calculation of Fee distribution. amounts. Distributions shall begin in December 2000, and continue quarterly through August 2003. 8. PARTICIPATION IN THE COUNTYWIDE' HIIW PROGRAM CITIES, at their option, may. individually participate in the Countywide HIiW Program by entering into the AGENCY AGREEMBNT FOR CO7N'I'YWIDE HOUSEHOLD HAZARDOJ3 WASTE COLLECTION~PROGRAM. Regardless of whether CITIES enter into: the Agreement, CPTIES's share of funds collected for Abandoned Waste Disposal. Costs will. be paid directly to the Countywide HIiW Program as described in Exhibit C. 9. LATE PAYMENTS If Fee payments and disposal. documentation are not received from 1'andfill or non-disposal facility operators priorto scheduled distribution of payments to CTTIES and the Countywide filial Program, payment distribution shall. be calculated on a pro rata share of monies received. Upon collection, late payments and' accrued delinquent penalties, if any,, shall be distributed among: CITIB5 and the Countywide HHW Program according to the formula in Exhibits B and C. 10. ACCOUNTING COUNTY shall maintain records of all transactions related: to collection and distribution. of the Fee for at least five (5) yearn after the termination date of this Agreement, unless:otherwise required by law to retain. such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports ubmitted by landfills and non-disposal facilities, waste stream documentation provided by cities,, and.payrnents made by the landfills and non-disposal facilities to the COUNTY and' by the COUNTY to CITIES. 11. REQUEST FOR REVIEW In the event CITIES have a dispute regarding the calculation of its share of'the Fee,. CITIES may request in writing a review by COUNTY within 10 days of AC3ENCY AGREEMENT' FOR COUNTYWIDE AB 939 IIvIPLEMETTI'ATION FEB 4 receipt of theirFee allocation.. 'The review shall be performed within 30 days of request and .results .shall be reported to CITIES in writing 12. EFFECTIVE DATE OF AGREEMENT This agreement takes effect only upon approval by all fifteen cities. and the COUNTY. _. 13. AMENDMENT This Agreement may be amended only by an instrument signed by the parties. 14. INDEPENDENT CONTRACTOR Eachparty shall perform responsibilities and activities described herein as an independent contractor andnot as an officer, agent, servant or employee of any of the parties i~ereto. Each party shall be solely :responsible-for the acts and omissions of its officers,. agents, employee,. contractors and subcontractors, if any. Nothing herein shall be considered as creating apartnership or joint venture between the parties. 15. `TERM OF AGREEMENT The term of this .Agreement shall be from July 1, 200Q, to August3l, 2003, or .:until all funds from the :last quarter's Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills ..and non- . disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2000. Said landfills and non-disposal facilities will be billed for the Fee through Tune 30, 2003. 16. EXTENSION OF TERM This Agreement maybe extended in three-year extensions upon written agreement of COUNTY and CITIES. 17. NOTICES .All .notices required by this .Agreement will be deemed given when in writing and delivered personally. or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth in .Exhibit D attached hereto or at such address as the party may designate in writing in accordance with this section. AC3ENCY AGREEMENT FOR COi:R~]'I'YWIDE AB 939 IMPLEMENTATION FEE 5 (Al 18. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California.. 19. ENTIRE. AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification. is evidenced by writing signed by all parities or their assigned designates. 20. COUNTERPARTS This Agreement maybe executed. in one or more counterparts, each. of which shall be deemed,to be an original, but all of which. together shall constitute one .and the same instnunent. ' . IN WITNESS WHEREOF, the parties have executed' this AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IlVfPLEMENTATION FEE. Agreement. on the dates as stated below:. "COUNTY" COUNTY OF SANTA CLARA, apolitical subdivision of the State of California By: Donald F'. Gage, Chairperson,. Board of Supervisors. Date: ATTEST: Phyllis Perez, Clerk, Board of Supervisors nCTT~rn CITY- OF By: Title Date APPROVED AS TO FORM AND LEGALITY: Kathy Kre chmer Date Deputy County Counsel' Date: AC3ENCY ACiREEIVIENT FOR OOUNTYWIDE AB 939 IIvII'LEMENTATION FEE 6 EXHIBIT A :LANDFILLS LOCATED IN SANTA CLARA COUNTY Guadalupe Rubbish Disposal Site _ ~~ . Kirby Canyon Sanitary Landfill Newby Island Sanitary Landfill Owens-Coming Fiberglas Landfill Palo .Alto Refuse Disposal Area Zenker Road Landfill Pacheco Pass Sanitary Landfill NnN-DISPOSAL FACILTIES :AND TRANSFER STATIONS LOCATED _ IN SANTA CLARA COUNTY City of Palo Alto Green Composting Facility Material Recovery Systems Facility :Newby Island Compost.Facility Zenker Materials Processing Facility . The Recyclery at Newby Island San Martin Transfer Station Sunnyvale Materials Recovery and Transfer Station {SMaRT Station) Z-Best Composting Facility GreenWaste Recovery Facility ComCare Farms Composting Facility . Pacheco Pass .Landfill Composting Facility Butterick Enterprises Recyclery . Premier Recycling Facility AGENCY AGREEMENT FUR COUNTYWIDE AB 939 IIvIPLEMENTATION FEE EXHIBIT B FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FED Each jurisdiction located in Santa Clara County will receive $1.30 per ton of solid. waste disposed. of in landfills or taken to non-disposal facilities located in Santa Clara County,. as documented in quarterly reportssubmitted by the County to the State Disposal Reporting System. Fees collected. from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction's percent of countywide population,. according to the latest available population report issued by the California Department of Finance. _ AGENCY AC3REEMENT F.OR COUNTYWIDE AB 939 IIvtPLEMENTATION FEE 8 EXHIBIT C' COUNTYWIDE HOUSEHOLD .HAZARDOUS WASTE PROGRAM HHW FEE (HHW Fee) 1. PROGRAM FUNDING SOURCE IiI3W Program.services aze directly mandated under AB939, which establishes statutory~authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW Fee of $1.SU per ton collected as part of the AGENCY AGREEMBNT FOR COial1TYWIDE AB 939 IMPLEMENTATION FEE will be the primary source of;funding.of FFiW .Program services. Funds derived from the IiIiW Fee will be allocated among :four types of HHW service costs as follows:. A. Fixed Program Costs will be apportioned based on he number of households in each participating. jurisdictiion. The number of households will be determined at the begirming of each Fiscal Year by statistics compiled: by the .Department. of .Finance, Demographic Research Unit in their most recent Report E-1, "Popularion Estimates for: California Cities and Counties". B. Abandoned. Waste.Disposal Costwill be apportioned based on the number of households in all cities and towns in Santa Clara County and in the unincorporated area of the county, C. Variable Cost Per Car to provide abase level service to 3% of households in all participating jurisdictions. D. Discretionary Funding funded on tonnage generated per participating jurisdiction. 2. FIXED PROGRAM COST Fixed Program Costs shall be calculated at $1.12, $1..1:9, and'$1..24 per household per jurisdiction for fiscal yeazs 2001 through 2003 respectively. Fixed program costs may include, but aze not limited to 4.5 full-time equivalent staffmembers, facility leasing costs, vehicle lease costs, office supplies, county administrative overhead, training costs, equipment and facility maintenance, union negotiated salary and benefit increases and state mandated facility closure costs. 3. ABANDONED WASTE DISPOSAL COST Abandoned Waste Disposal Costs will be calculated at $0.17 per Household .for all households in the cities .and towns of Santa Claza County and in the unincorporated azea of the county. This portion of the funds shall be distributed directly to the AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IIvIPLEMENTATION FEE 9 Countywide HHW Program. All. jurisdictions throughout the COUNTY contribute to this cost including jurisdictions not participating in the AGENCY AGREEIVIBNT FOR COUNTYWIDE HOUSEHOLD HAZARDOiJS WASTE COLLECTION PROGRAM. The-abandoned waste disposal cost. portion will,fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations: For the purposes of this agreement, the PUBLIC' RESOURCES CODB SECTION 41904 defines a nonprofit charitable reuse organizations as follows: (1) "Nonprofit charitable reuser"' means a charitable organization, as defined. in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than. 50 percent of its.xevenues .from. the handling and sale of those donated goods or materials. 4. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and. other services provided to the residents at the. County HHW Collection Facilities and: Mobile Events. This portion of the: funds shall be distributed.. directly to the Countywide HHW Program. Thee Variable,Cost Per Car is estimated to be approximately $60 per car for Fiscal Year 2U01. Tlie estimated cost per car will be adjusted annuallyto reflect actual service costs. After Fixed Costs and Abandoned Waste Cysts are allocated on a per household basis,. the Variable Cost Per Car will be used'.to: calculate the costs to service 3% of households. across all participating jurisdictions. If the level of 3% of households is not reached,., the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES that. has less than 3% participation. levels, to increase public outreach and/or provide additional services in that jurisdiction the following year..' 5. DISCRETIONARY FUNDING The Discretionary Funding portion will' be allocated based on the tons of waste generated within each jurisdiction and. after allocation of Fixed Program Costs,. Abandoned Waste Disposal Costs and Variable Per Car.Costs.. Discretionary Funds will be paid as directed by each jurisdiction. Discretionary Funds must be used for HHW purposes:. Options for how to spend-these funds include, but are not limited to,. increasing the number of residents served. in the jurisdiction. by the Countywide HHW Program, subsidizing curbside used motor oil collection, funding HHW public education,. or providing special programs such as door-to-door collection of HHW for the elderly and/or disabled. 6. PROGRAM FUNDING PASS-THROUGH Annual funding calculations include HHW Fees collected on behalF of all County jurisdictions. CITIES, at their option, may participate in~the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE AGENCY AC3REEMENT FOR COUNTYWIDE AB 939 IIvII'LEMENTATION FEE 10 HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES .NOT participating in the Agency Agreement will receive their pro-rata shaze of funding received by the COUNTY from the HHW Fee, with the exception offends for the abandoned waste disposal cost, described above. If CITIES NOT participating in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents to participate in HHW Program services on an emergency basis; .then services to these residents will be provided on a cost recovery basis. A chazge equal to the published rates chazged to Conditionally Exempt Small Quantity Generators will be bulled to the CITIES. A CITIES' representative must call the Countywide HHW Program appointment line to schedule an appointment for the resident. The :pro-rata .share of liability will be shazecl as defined in Section 6 of the AGENCY AGREEMENT-FOR COL:fI1TYWIDE AB 939 IIvIPLEMENTATION FEE. . AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IIvIPLEMENTATION FEE 11 Ezhibit D List. of Contacts CITY OF CAMPBELL: BILL HELMS ENVIRO. PROGRAMS MGR. 70 NORTH FIRST STREET CAMPBELL CA 95008- (408) 866-21 S0 billh@ci.campbell.ca.us CITY OF GILROY: LISA JENSEMA ENVIRONMENT PROGRAIv COORDINATOR 7351 ROSANNA STREET GILROY CA 95020 (408) 846-0460 lj ensema@ci.glroy.ca.us TOW1~T OF LO5 ALTOS HILLS: JIM ~ZASP PUBLIC WORKS .MANAGER. 26379 FREIViONT'ROAD LOS ALTOS HILLS CA 94022 (6S0) 941-7222 jrasp@1'osaltoshlls.ca.gov TOWN OF LOS GATOS: REGINA FALKNER COI~~N.[JNITY SERVICES DIVISION P O BOX 949 LOS GATOS CA 95030 (408). 354-6820 rfalkner@town.los-gatos.ca.us CITY OF SUNNYVALE: MARK BOWERS PO BOX 3703 SL;f1~1NYVALE CA 94086 (408) 730-7421 mbowers(a~ci. sunnvvale. ca.us CITY OF CUPERTINOt LAVENiA MILLAR ENVIRONMENTAL PROGRAMS 10300 TORRE AV1aNUE CUPERTINO CA 95014 (408) 777-3242 :. laveniam@cupertino.org TOWN OF LOS ALTOSr BRUCE BANE ONE NORTH-SAN ANTONIO RD LOS ALTOS CA 94022 (650): 948-1491 bruce.barie@ci.los-altos.ca.us CITY OF MILPTTAS: BARBARA DANIELS SENIOR ADMINISTRATIVE ANALYST 4SS E CALAVERAS BLVD MILPITAS CA 9SOSS (408) 586-3353 . bdaniels@c.milpitas.ca.gov CITY OF MORGAN HILL: TONY EULO BNVIRQNMENTAL PROGRAM MGR 175SS PEAK AVE IvIORGAN HILL CA 95037 {408) 779-7247 teulo@ch.morgan-hill.ca.gov CITY OF SAN JOSE: SKIP LACAZE ENVIRONMENTAL SERVICES DEPT. 777 NORTH FIltST ST SUITE 4S0 SAN JOSE: CA 9S 112 (408) 277-3994' skip.lacaze@ei. sj .ca.us, AQENCY AOREP2viENT FORC70UNTYWIDE HOUSEHOLD HAZARDOUS WASTE WLL~CtTONPROCiRAM Exhibit D CITY OF MONTE SERENO: BRIAN:LOVENTHAL CITY MANAGER 18041 SARATOGA/LOS GATOS ROAD MONTE SERENO CA 95030 {408) .3547635 bloventhal(a)yahoo.com L. SCOTT HOBSON HILTON FARNKOPF & HOBSON, LLC 2201 WALNUT AVE. SUITE 280 FREMONT, CA 94538 (510) 713-3274 shbbsonCa~hfh-consultants.com CITY OF SAN'T'A CLARA: RICK MAUCK DEPUTY DIItECTOR OF PUBLIC WORKS STREET SUPER:Il~'TENDENT 1500 WARBURTON AVENUE ' SANTA CLARA CA 95050 (408) 615 2050 rriauck~a ci.santa-clara.ca.us~ CITY OF'SARATOGA: PAULA REEVE ASSISTANT TO THE CITY MANAGER 13777 FRLTITVALE AVENUE ' SARATOGA CA 95U70 :(408) 868-1267 cityhall(a~saratoQa.ca.us CITY OF MOUNTAIN VIEW: CYNTHIA EALACIO PUBLIC WORKS DEPT P O BOX 7540 MOUNTAIN VIEW CA 94039 (650) 903-6229 cynthia palacio(cr~ci:mtnview.ca:us CITY OF PALO ALTO: .RUSSELL REISERER MANAGER OF ENVIRONMENTAL I'ROGR P O BOX 10250 PALO ALTO CA 94303 (650) 4915-6951 russell reiserer(a,city.palo-alto.ca.us . SANTA CLARA COUNTY: MARGARET RANDS PROGRAM MANAGER INTEGRATED WASTE MANAGEMENT 1735 N FIRST ST STE #275 . SAN JOSE CA 95112 (408) 441-1198 mar~aret rands(a~pln.coaanta-clara:ca.us .AND SANTA CLARA COUNTY: SHARON DOWELL HAZARDOUS .MATERIALS PROGRAM .MANAGER HOUSEHOLD HAZARDOUS WASTE PROG 2220 IvI00RPARK.AVE. SUITE 204 SAN-JOSE CA 95128 (408) 299-6688 Sharon dowell(a~deh co.santa-clara.ca:us A(iENCIiI AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLRC'[TON PROGRAM Exhibit B ~ aGENCY AGREEMENT-:FOR CO~_ . i'1'WIDE R~~~~• ~~ HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement ismade by and between the (CTTI' or Participating Jurisdiction) and the County of Santa Clara (COUNTS on the day of 2000. ' RECITALS ~ - _ WF~RBAS~, the County Board of Supervisors has approved a Countywide Household Hazardous- Waste Collection Program whereby residents of the county and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes, regazdless of the specific location at which an event has been scheduled; and WHEREAS, the participating. jurisdictions desire to provide residents with convenient opportunities to safely dispose oftheir household hazardous waste (HFiW) in order to encourage the pmper disposal bf toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary newer, storm drain system, or on the .ground, in a manner which creates a health or environmental hazard;-.and WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and economical means for residents to dispose of household hazardous wastes. These wastes include, but are not limited to, common household products such as household •cleaning products, .spot remover, furniturepolish, solvents, oven cleaner, pesticides, oil based paints, motor ox; antifreeze and car batteries. Residents of the CITY listed .above will be eligible to' bring household hazardous wastes to any household . hazardous waste collection event. where these wastes will be. accepted for~proper disposal as deseribedbelow; and ' WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste'Collecrion Events (Events) for residents for FY'2001 through FY'2003 (July 1, 2000 -June 30, 2003); and WI~REAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 3% of the households per fiscal year in each participating jurisdiction; and WHEREAS, the County Boazd of Supervisors has approved a Countywide Household Hazardous Waste Fce~(1~iW Fee), as authorized by Public Resources Code 41901, to be collected at $1.50 on each ton of waste disposed of at landfills located within the county or taken to non-disposal facilities located within the county where it is to be transported for disposal to landfills located outside of Santa Clara County. AGENCY AQREEMENT FOR OOUNTYWIDE HOUSEHOLD HAZAKDOUS WASTB'OO~TLON PROC3RAM n ~ NOW, THEREFORE, CITY,. named above and COUNTY OF SANTA CLARA AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which. CITY wll.participate in the Countywide Household Hazardous Waste Collection.Program. (CoHHW Program) available to their residents. Participating jurisdictions are those jurisdictions, that enter into an "AGENCY AGREEMENT FOR COUNTYWIDE. HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM." 2. PROGRAM FUNDING SOURCE HHW Program services are directlymandated~under AB939, which establishes _ statutory authority to provide for funding. to support planning and implementation of integrated waste management programs. The HHW Fie, of $`1.SU perton, collected as part of the AGENCY AGREEMENT FOR. COL:ft~1TYWIDE AB 939 IlViPLEMENTATION FEE will be the primary source of .funding for HHW Program services... Funds derived from the HIiW Fee will be allocated among four types of HHW service costs as follows: . A.~ Fixed Program Costs will' be apportioned based on the~number of households in .each participating. jurisdiction... The number of households. will: be determined. at the beginning. of each Fiscal Year by statistics compiled by the Department, of . .Finance, Demographic Research Unit in their most recent Report Ul, "Population Estimates for California Cities and Counties' B. Abandoned Waste Disposal .Cost will. be apportioned based. on the number of .household's in all cities and. towns in Santa. Clara County and. in the unincorporated area of the county.. . C. Variable Cost. Per Car to provide a base level service tq 3% of households in ah participating jurisdictions.. D. Discretionary Furlding, funded on tonnage generated per participating. jurisdiction. The: projected. HHW Fee funding allocation by jurisdiction is set out in Attachment A. 3. FIXED PROGRAM COST Fixed Program Costs shall be calculated at $1.12, $1.19, and $1.24 per household per jurisdiction for fiscal years 2U01 through 2003 respectively.. Fixed Costs are projected for Fiscal Year 2001 through 2003 in Attachment B. Fixed Program Costs may include, but_are not limited to 4;S staff members, facility leasing costs, vehicle lease costs,. office supplies; county administrative overhead, training. costs, equipment and facility maintenance, union negotiated salary and benefit increases and state mandated facility closure costs. AGENCY AGREEMENT FOR QOUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLI:F.CTION`PROORMd 2 4, ABANDONED WA.~ 1'E DISPOSAL COST Abandoned Waste Disposal Costs will be calculated at $0.17 per household for all households in the cities and towns of Santa Clara County and in the unincorporated .area of the county. 'Theabandoned waste disposal cost portion will fund :disposal of HHW illegally abandoned at nonprofit charitable .reuse organizations. For the purpose of this agreement, the PUBLIC RESOURCES :CODE SECTION '41904 defines a nonprofit charitable reuse organization as follows: (1) ".Nonprofit charitable reuser" means a charitable organization, as defined in .Section 501(c)(3} of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses .and .recycles donated goods or materials :and receives more than 50 percent of its revenues :from the handling. and sale of those donated .goods or materials. 5. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection (CnHHWCF).Facilities and Mobile Events. The Variable Cost Per Car is estimated to be approximately $60 per car for Fiscal Year 2001. The estimated cost per car will be adjusted annually to reflect actual service costs, After Fixed Program Costs and Abandoned Waste Disposal Costs are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the.costs to service 3% of household across all participating jurisdictions. If the level of 3% of households is not reached, the CoHHW Program will use the remaining balance of funds, in cooperation with the CITY that has less than 3% participation levels, to increase public outreach and/or provide additional services in that jurisdiction the following year... 6. DISCRETIONARY FUNDING The Discretionary Funding portion will be allocated based~on the tons of waste generated within each jurisdiction, and.after allocation of Fixed Program Costs, Abandoned Waste Disposal Costs, and Variable Per Car Costs. Discretionary Funds will be paid as directed by;each jurisdiction: Discretionary Funds must be used for HHW purposes. Options for how to spend these .funds include, but are not limited to, increasing the number of residents served in any jurisdiction by the Countywide HHW .Program, subsidizing curbside used .motor oil collection, funding HHW public education, or providing special .programs such as door-to-door collection o£HHW for the elderly and/or disabled. 7. ADMINISTRATION AND PAYMENT OF:-HHW FEE The Santa Clara County Integrated. Waste Management Program (IWMP) will administer the Fee, as part of the existing landfill billing system. „Administration kaENCY AaREF1vSENT FOR C70UNTYWiDE HOUSEHOID HAZARDOUS WASTB OOLLF.CriON PROC)RAM 3 f~ O and payment.will be.made in accordance with the AGENCY AGREEMENT. FOR COLfNTYWIDE AB 939 IlVIPLEMENTATION FEE. 8. PROGRAM PUBLICITY The CoHHW Program shall: have responsibility for developing and coordinating countywide awareness of HHW and Oil Recycling Programs. HHW Program public awareness responsibilities shall include, but .may .not be limited, to the following.. activities: ' • Serving. as the formal. contact to the major media. • Providing participating jurisdictions with.. educational materials developed. for the CoHHW Program. • Promoting oil and'. oil filter recycling by developing, purchasing,... and distributing educational. materials, media relations materials, basic art work, and camera. ready: advertising materials for distribution.. countywide and. for use by jurisdictions. • . Representing the program through educational presentations for schools and businesses and attendance at community events such as local. fans and festivals.' • CoHIiW Program will provide-participating jurisdictions.opportunities to review and comment on the development, of countywide outreach materials: . CITY public .awareness. responsibilities, at the sole discretion of the CITY,. shall include, liut may~riotbe limited to the following activities: • Provide a copy of HIiW promotional'.-materials .to the CoHHW ..Program for review for accuracy and completeness,. prior to publication. • Adapting and distributing the mediae relations materials developed by the CoHHW Program to local newsletters,. newspapers and to the electronic media; . • Providing-the HIiW Program with a copy of locally produced materials. • CITY is responsible for conducting supporting.outreach and publcity.to attain the3%o goal' of household participation. 9. DELEGATION-OF AUTHORITY The Board of Supervisors delegates all CoITtiW Program management to the Department of Environmental Health. -The Director of the Department. of Environmental' Health has the authority to execute all vendor contracts necessary to operate the program; to execute- ariy necessary licensee agreements, to add additional services provided on a cost recovery basis and to terminate any contracts as warranted. All contracts/agreements/amendments shall first be approved by County Counsel. ..~. AGENCY'AORL~FMENTFOR COUNTYWIDE HOUSEHOLD HAZIlR1)OUS' WASTE OOL.LHCITON PR0C3RAM 4 ~,, 10. MOBILE HHW EVENTS: COUNTY shall conduct Household Hazardous Waste Collection Events at various sites located in Santa Clara County. The COUNTY shall obtain all necessary permits and licenses required for the Events and shall provide or contract for the services of _ properly trained, qualified personnel and.hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at Events. 11. gOUSEIOLD HAZARDOUS"WASTE` COLLECTION FACILITIES COUNTY shall- conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF). A third facility is planned and should become operational in September 2001. The CoHHWCF will operate a reuse program, .offering usable materials to the public at no. charge. The COUNTY shall obtain all necessary :permits .and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to~properly receive, package, label, haul, recycle and dispose of wastes collected..The CoHIiW Program will schedule an adequate number of collection days to provide service to 3% of households. The CoHHWCFs are located at: • Sunnyvale Recycling Center, 164 Carl Avg, Sunnyvale ~ .Tenth Street Center, Yb0010th Street, San Jose • San Marlin, Murphy Avenue (future s&e, September, 2001) 12. CONDITIONALLY EXEMPT :SMALL QUANTI'T'Y GENERATOR DISPOSAL PROGRAM ~ •. COUNTY will provide services :to accept hazardous waste from Conditionally Exempt'Small Quantity Generators (CESQG). A CESQG'is defined byFederal regulation as a business that generates less than 100 Kilograms (2201bs.) of . hazardous waste or 1 Kilogram {2.21bs) of extremely hazardous waste per month. Eligible businesses within the county will be allowed to bring their hazardous waste to CESQG collection events, which will be scheduled at the CoHHWCF. This program will not be subsidized- by participating jurisdictions. Services to businesses will be provided on a cost recovery basis, which will include program administration, on-site collection, transportation, and disposal costs. COUNTY will assume . responsibility-for collecting fees from participating businesses. `.See Attachment D, titled Santa Clara County CESQG Drop-off Price List. 13. ABANDONED HOUSEHOLD :HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government :agencies and nonprofit charitable reusers. Abandoned household hazardous waste AGENCY AOREEMEN't` FOR (70UNTYWIDE HOUSEIiOLD I~iAZIiRDOLJS WASTB COLI.E''CfION PROGRAM S ! I means a household hazardous waste left at a property by an unknown. party. Abandoned' household.. hazazdous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the .assembly or manufacture of products from new or used materials or the provision of charitable services such. as classroom education,. meal preparation, .and - ~shelter, or the provision of services for a fee. Government agencies will ~e chazged for disposal of abandoned' household hazardous waste according to the CoI-RiW .Program's published rates for conditionally exempt small quantity generators. (CESQGs).~ 14. NONPROFIT' CHARITABLE ][tEUSER A Nonprofit Charitable Reuser organization,. is a nonprofit as defined in Section . SO1C(3) of the Federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization. A Nonprofit Charitable Reuser is fiuther defined' as an organization that reuses and recycles donated material and receives more then 50% of its' revenues from the handling and sale of those donated goods or materials... In order to-qualify as a Nonprofit Charitable Reuser, the business mush- submit to the Director of Environmental Health a request to be so designated. The Director shall review the request. and supporting documentation and shall make a Snap decision on:the designation.. COUNTY will' accept: abandoned. household. hazardous waste from Nonprofit Charitable Reusers_and will waive disposal fees on the cost of disposal of, the abandoned household hazardous. waste in an annual; amount not. to exceed funds available from. the Abandoned. Waste Disposal Cost funding. generated'by the AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IIviPI:EMENTATION FEE (Fee). Disposal available to Nonprofit Charitable Reuser shall be on a fast come first. serve basis. Once the cost for disposal o£the abandoned household hazardous waste from Nonprofit Charitable Reusers is equal to th4 available: funds: collected through the Fee in any one fiscal year,. disposal fees shall no 1'onger'be waived, and Nonprofit. Charitable Reusers shall be chazged for.disposal of abandoned' household. hazardous waste according to the HHW Program's publshed.rates for CESQGs. No costs shall be applied to the budget of a participating CITY. 151 WASTES ACCEPTED HHW accepted' by the CoHHW Program shall be limited to materials as defined in Health and Safety Code Section 25218.1(e) or as later amended, and include, but aze not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil.. filters, garden.. chemicals,. household. cleaners,. pool chemicals and other common hazardous consumerproducts. 16. ,WASTES NOT ACCEPTED Certain hazardous wastes shall not be accepted for collection and disposal!. These include, but aze not. limited' to, compressed. gas cylinders lazger than 5 gallons, radioactive materials,. and explosives. Other wastes not accepted by the CoHHW AGENCY AORF.EMEM' FOR aOUNTYWIDB HOUSEHOLD HAZkRDOUS' WASTB QOI:I.~CIYONPROORAM 6 program are wastes gel. ~.ated as part of operating a business, ~ ading a-home operated business, except that waste from CESQGs as provided for in Section 12 above shall be accepted. 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT A CITY may elect to augment funding provided for in this .Agreement with CITY funds. Additional services shallbe made available upon written agreement_between the CTTY's authorized representative and the Director of the Department of Environmental Health. Additional .services may include, but aze not limited to, additional appointments (chazged at the variable cost per caz rate), Door-to-Door HITW Collection, Used Oil Filter Collection and Abandoned Waste Collection. CITY agrees to augment up to an additional $_ to the Countywide HIiW ,. program during Fiscal Year 2001 for the purpose of increasedresident participation above the 3% service .level at the scheduled collection dates listed in Attachment C. Augmentation will. be calculated at the variable cost per car rate which. is estimated at X60.00 per car. Fiscal Year 2002 and FY 2003 funding augmentations shall be agreed upon'in writing by theDirector of the Department'of Environmental Health .and the :designated CITY representative. Other services will be chazged on a cost recovery basis.. If the CITY elects to augment funding, the COUNTY will bill CITY, at the end of .each fiscal quarter for additional resident participation above the 3% service level. "Payment is due within 30 days.of the invoice date. At the end of.each fiscal year,-a f nal annual cost statement shall be prepazed by the COUNTY and, issued to the CITY by September 15. The annual cost statement will take mto consideration costs incurred on behalf of the CITY for additional services andall payments made by the CITY to the COUNTY. If any balance is owed to the COUNTY, it will be due by October 15 following receipt of the annual cost statement. If any credit is owed to the CITY, COUNTY will .refund that amount to the. CTTY by October 15. 18. INFORMATION AND REGISTRATION LINE COUNTY will operate a telephone information and registration desk Monday through Friday, from the hours of 8:30 a.m. to 4:3U p.m. The information service will register residents .for the Mobile HHW Events and CoHHWF and provide information about hazardous household materials, CITY will bey notified when .indicated .resident participation approaches. the 3% base level of service. 19. SCHEDULING AND '.SITE SELECTION COUNTY shall work with the CITY to determine the date(s) of the Events and collections at the CoHHWCF. The CITY shall coordinate with the COUNTY in .locating and securing sites for.Mobile HHW Events. It is recognized that some of the cities participating in the Program may not have appropriate sites. available, A AQENCY•AC)REELvSENTEORCOUNTYWIDE HOUSEHOLD HAZARDOZ1s wASTg ~~'~ON PROdRAM 7 proposed schedule of Mobile HHW Events and collections at CoHHWCF:~is included as Attachment C. COUNTY will schedule an adequate quantity of collection. days to serve the 3:% level of service in each participating jurisdiction. 20. OUTSIDE FUNDING During. the term of this=agreement, COUNTY will seek outside funding_sources to begin services. that would supplement: existing services such as permanent collection sites, equipment, and. operational funding. If funding is obtained, the Program •will, at the COUNTY's discretion,.. proceed with development of additional programs without. affecting CITY' available funding allocation. 21, REGIONAL GRANT PARTICIPATION The CoHIW Program. is herebygiven,permissionby all participating.. jurisdictions to apply for future grants from the: California. Integrated. Waste Management Board which are available under the California Oil Recycling Enhancement. Act of 1991 and all Household Hazardous Waste grants under the California Integrated Waste • Management Act. The Countywide'HI3WPmgramwill act in behalf of.all participating jurisdictions, as the, lead applicant and. grant. administrator, and. will: use the :grant funds for the development. of a Countywide HHW Program. The CoHHW Program will oversee. how the,moneys are: used and work. in cooperation.. with. CITY as to: how the funds will, be spent... Nothing, in this section shall preclude a participating. jurisdiction from applying for grant funds. in any case where the CoHHW Pmgram does not apply. 22. EMERGENCY. SERVICES Participating jurisdictions, at their option; may desire to provide residents: with. convenient. emergency opportunities to safely dispose of their HHW in the event.of a disaster.. The>purpose of thi emergency planning for HHW is to minimi~.e potential' public health,and safety impacts,: as well' as to mnimi~.~.costs and confusion. Attachment E will provide clarification. to local jurisdictions .about delegationof CITY and: COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make. good faith efforts to provide the public with. information related to the problems associated with HHW. Upon the decision to hold an emergency collection event;: it is the CITY's responsibility to make a good faith effort. to prepare and disseminate the necessary outreach to notify the public of a special. emergency event.. An emergency collection event shall be initiated' by a written. request from CITY to COUNTY.. Collection events. can be scheduled in as little. as ten (10) working days of a CITY's written request. or at ari agreed upon date thereafter. The plan is set out in Attachment E, Household Hazardous Waste Emergency Collection Plan. COUNTY agrees to conduct the event at a mutually agreeable site •and time. The COUNTY will obtain the necessary permit from the-State Department. of Toxic ADENCIf AGREEMENT FOR OOUNTYWIDE HOUSEIiOLD HAZARDOUS WASTB DOI.[.EC'ITON PRAE3RAM. Substances Control, aria r~andle wastes in accordance with State .vv. COUNTY will bill CITY for all special erriergendy events on a cost recovery basis .and alTpayments shall be due thirty days following the .receipt of the invoice. 23. PRIVATE SPONSORED EVENTS COUNTY-may-alsosecure funding from corporations or agencies to conduct HHW Collection Events for corporate employees. and residents of participating jurisdictions. The.transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions and the COUNTY, as described in Section 27 of this agreement. Summary information concerning these corporate sponsored events will be `included in the HHW Program's annual report to the participating jurisdictions. 24. INSURANCE CERTIFICATES Contractors: who provide hazardous waste h~ansportaton, treatment, or disposal .services shall have insurance with the following minimum limits: General Comprehensive - $1 million per occurrence, $2 million aggregate; Auto -$l million; workers compensation -- .statutory .limits established by law; and environmental impairment liability -$1 million per occurrence, $2 million aggregate. Other contractors shall have insurance in amounts to be determined by the COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program.. All insurance certificates -shall name the CITY, its officers and employers as additional insured. 25. WASTE TRACKING AND REPORTING COUNTY vvi11 provide. a report to Within 30-days following the end of each quarter, the, CITY regarding participation rates from each participating jurisdiction. Midyear and year end_reports will outline the types and Quantities of waste collected,. the amount of waste diverted for -reuse or recycling and the.-waste management method for each waste stream and associated costs for transportation and disposal. COUNTY will prepare a report summarizing program activities which were delivered to the participatingjurisdictions no later thansix months after the end of the COLJNTY's fiscal year. It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing #o the waste stream in proportion to the number of its residents who directly participate. For;purposes of any potential disposal liability, each participating jurisdiction shall be deemed a discharger of only its pro .rata proportion of household participation in the Program. For example, if the program served 1,000 vehicles from the. City of Milpitas and 10,000 vehicles total :from .all participating jurisdictions, the pro rata portion of household participation from~Milpitas wouldbe ten percent. See also Section 27. Aa@ICY AOREEMEN'I' FOR COUNTYWIDE HOUSEHOLD HAZkRDOUS WASTB QOLI'~CI'~ON PR0C3RAM 9 C~ O COUNTY shall take steps. to assure that the quarterly statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in~services scheduled during the next quarter. Although the COUNTY will make every effort to keep the Variable Cost. Per Car at approximately $6U, an adjustment to the Discretionary Funding. maybe necessary. 26 PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all! participants in the CoHHW Program. 27. HOLD HARMLESS AND INDEMNIFICATION.. In lieu. of and notwithstanding the pro rata risk allocation which might otherwise. be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the: Parties. agree: that all losses or liabilities: incurred by a pasty shall not be shared pm rata but instead COUNTY and CITY agree that pursuant to Government Code Section.. 895.4,. each of the parties hereto shall.fully indemnify and.hold each of the otherparties, their officers; board members, employees and agents,. harmless from any claim,, expense. or cost,. damage or liability imposed for injury (as defined by Government Code Section 8..10.8) occurring by reason of the negligent'acts or omissions or willfulmisconduct of the indemnifying. party,, its officers, employees or agents, under or in connection with or arising out of any work, authority or, jurisdiction delegated to sueh~party under this Agreement. No party,. nor-any officer, board! member, employee or agent thereof shall be responsible for any damage or liabilityoccurring by reason of the negligent acts. or omissions or willful misconduct of the other parties: hereto, .their officers, board members, employees or agents,: under or' in connection with. or' arising out of any, work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CTTY shall indemnify COUNTY for CI'TX's apportioned. share of any liability incurred aril attributed' to the Countywide FFW Program for the .transportation, treatment, or disposal of the household. hazardous. waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal' liability' shall. be determined by each: participating. jurisdiction's pro :rata. proportion of household participation in the Program. Apportionment for transportation and treatment liability shall. be determined by each participating jurisdiction's: pro rata household participation at the event where the waste was generated. The. COUNTY will' use reasonable efforts to obtain recovery from all. available resources,. including insurance,, of any liable: hauler or liable disposal facility operator.. No liability shall'. be apportioned to the CITY for transportation,.treatment or disposal in any ease where the COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 2'4 above. AOENCY AOREBvtENT FOR OOUNTYW(DB HOUSEHOLD HAZARDOUS WASTB OOLLF3CT(ONPRO(}RAM 10 CITY shall further inde~...~ify COUNTY for CITY's apportione< ~ gaze of liability .incurred .and .attributed to the Countywide I~iW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized xo participate in the event: Liability for the nonresident portion of the disposal of waste shall •be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage ofnonresidents~'., participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing the CITY's apportioned share of any liability for the household hazardous waste. . COUNTY shall :require CESQGs and Nonprofit Charitable Reusers to indemnify COiJNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their - . hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG andNonprofit Charitable Reuser portion of the waste shall be .determined bycalculating-the percentage, by weight, of the total household hazardous waste accepted by the Countywide IFiW Program. Thin percentage will. be used:to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted-from the total liability prior to assessing the CTTY's apportioned shaee of any liability for household hazardous waste. 28. TERMINATION This agreement may be terminated by any :party upon one-year (365 days) written notice :given by the anniversary date of each contract yeaz. 29. -TERM OF AGREEMENT The term of this .Agreement shall be .from July 1, 2000, to June 30,.2003, or until all revenue from the .last quarter's Fee payments has been distributed, whichever is later. 30. EXTENSION OF TERM.. 'This. Agreement maybe extended for succeeding three-yeaz terms if COUNTY and. participating jurisdictions so agree inwriting. 31. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, .agent, servant or employee of any of the parties hereto. Each party shall. be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as, creating. a partnership or joint venture between the parties. AGENCY AGREEMENT pOR.QOUNTYWIDB HOUSEHOLD HAZIkRDOUS WASTE OOLLP,GTION PROGRAM 11 (~ (~ 32. EXECUTION BY COUNTERPART This' Agreement may be executed in any number of counterparts, each of which shall for all purposes be'deemed an original and' all of which.shall together constitute one and the same. instrument. 33. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the ' .State of California. 34. ENTIRE: AGREEMENT This document embodies the entire Agreement between the parties. with respect to the subject-matter hereof. No modification of thisAgreement shall be effective unless and until modification is evidenced. by writing signed. by all parities. or their assigned. designates.. 35. NOTICES'. All notices and.. communications herein required shall be in writing to -the other party- as follows;.. unless expressly changed in writing: CITY of City Representative Representative's Title City Address. " Santa Clara County Ben. Gale,, Director ., Department of Environmental. Health . PO Box 28070 S'an Jose, CA 95129 AGENCY AaREEMENf FOIL OOUNTYWiDE HOUSEHOLD HAZ~tRDOUS WASTE 00LI.E,(; IiON PRiOC)RAM 12 IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: "COUNTY" COUNTY OF SANTA CLARA, - _ apolitical subdivision of the State of California By; Donald F. Gage, Chairperson, Board of Supervisors Date: ATTEST: Phyllis Perez, Clerk, Boazd of'Supervisors Date: APPROVED 'AS TO FORM AMID LEGALITY: . Kathy Kretc er Date Deputy County Counsel "CITY" CITY OF a municipal corporation. by: Title: Date AQENCY AOREENIENT FOR aOUNTYW[DE HOUSEHOLD HA7.~-RDOUS WASTE OOL.~'['[ON PROGRAM 13 f~ ~. Atta A B C D E chments: FY 2001 Allocation of $1.50/ton AB 939 HHW'Fee by Jurisdiction Estimated HHW Program Fixed Costs by Fiscal Year Draft I~HW Schedule For Fiscal Year 2000/2001 _~ Santa Clara County CESQG Drop-off Price List. Household Hazardous Waste Emergency Collection Plan AaPNGY AaREPMENT FOR OOUNTYWIDE HOUSEHOLD HAZARDOUS wAS'rB OOU:E'~('P[ON PRO(7RAM 14 C9 O a z 0 U W J J U a 0 0 ._ 0 J •W 3 O 2 w ~_ Z O U O H Z W W Q UZ W a n n Attachment B BSTIMATED 1IiW PROGRAM. FIXED COSTS BY FISCAL YEAR .2001 - .2002 2003 Staff Salary'And Benefits $375,000 $400,000 $420,000 County Admin Overhead $95,000 $100,000` $ l U5,000 Facilities Lease Costs $25,000 $25,000 $25,000 Vehicle Lease Costs . $25,000 $25,000 $25000 .Office Supplies $25,SOU $30,000' $30,000 Maintenance $5,000' $5,000 $5,000:.- StaffTraining ~ $10,000 $10,000 $10,000 Facility Closure. $20,000 $0,000 $20,000 ESTIMATED ANNUAL TOTAL $580,500 $615,000 $640,000 ' ~ ~ 1 AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COU.ECTION PROGRAM ~,. DRAFT Hi-1111+ SCHEDULE .FOR FISCAL YEAR 206.. 2001 ,. . Attachment C GRAFT HHW SCHEDULE FOR FISCAL YEAR 2000/2001 continued Year Month • Saturday . 3 Location MT VIEW Type of Event TEMPORARY County Holidays (BOLD- NO EVENT) _ • 10 SAN JOSE PERMANENT' • 17 SUNNYVALE PERMANENT. • 24 SAN JOSE PERMANENT 31 , . SAN JOSE . PERMANENT • 7 . - MILPITAS TEMPORARY . 14 SAN JOSE PERMANENT SUNNYVALE APR 15 EASTER 21' SUNNYVALE PERMANENT 28 5 LOS ALTOS STANFORD ' TEMPORARY TEMPORARY . 12- SAN JOSE- PERMANENT 9 SUNNYVALE PERMANENT 26 2 NO' EVENT SOUTH' COUNTY NO EVENT TEMPORARY' MON MgY•28' MEMORIAL DAY 9 SAN JOSE.:. PERMANENT . • 16 3UNNYVALE PERMANENT . . 23 SAN JOSE. PERMANENT ~ • • 30 SAN' JOSE. PERMANENT AGENCY AC3REEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION' PROGRAM -- - • W S W W W W Z 0 z z z z z z z a . • ~ • o t l ~ m ~ ~ rz o o^ z z Z ° ° v ~ v v v o 0 c .~ c ~ tic) -~ ~ (n ~, ~ ,. ~ C ° ~ p ~ ~. ~ ¢ ~ ~ ~ ~ ~ p W w p p p. °o °o ti r; ' O o ~ c ~ 00 o n. '!ti Cl 'c? ~ Q w - U 'O °. , , ~a .- a .- .- ~, ~, N ~ ~ ~ ~ p ~ O w '~ w a C] (9 Q LLI c , u1 V ~ W ~ W .3 o ~ a' ~ a o J oo ~a O ui ,.; ~ w ~ w . o .~ Z , O O Z ~ U •~ ui z Q a 0 !L, ~ ui Q ~ ~ ~~ ~ J ru ~ ~ Z ¢~ m m . o u o o. o ~ a f o w ~,o o ~ ' v,° zg' ¢ ~ i 1 ~ ~- Q 'Cg ~ O. p Q' ~ W ~ Z Q W ~ U z ~ ~= ~ U ¢ ¢ ¢ 'tL ~t1 ~ ~ ~ i o ~ ~ w ~ N ~ p , ~ a°,~ Vj '° - ~N o ? ~ ~o ~ ,oN 2 o ~ ~ N W ~ r ~ ; ~ z z ¢ o. ¢ m ew o ~cw cn ~ ~ °_v~ ~ v ~ a _, ~ :i ~ ~ ~ ~ Z ~ ~ m w w' ~ o ~¢ S ? ao wQ p U Q QZ ~ ~ 'Q iil } vi o , ¢~ ~ • ~' O vi ~ a ~ ~ o -J w o ~ ~ w w ~' :~ o w = o ~ ¢ , c~ w, ~ ~ ~ z ~' ~ ', ~ O n: ¢ _ z' ~ p ~ ~w, ~. ~ ww U U ~ ~ o n.w ~ w ~- U w ~ v ~ r a ~ ~n z U ' u j ~ ~ ~ e U ¢ C9 z o ~ z ~ui, Z . °~'.wi O ~ = n- w ~~ 'ui°~ ='w m ~ ¢ w ' ' N w ~ cn o w >'' o ~~ 'o ?~ ° wp ~_m ~a ' cn o Q ~ ~ w ~, N i {,~ w ~ ¢ °° ~ ~ z c~ Cl w o w ~ w ~ C3~ ' w a U ~ w ~ vi F- U Q 'w a v w ~ w m m ¢ o U o w ¢ w O m ~u E- ~ _ V ~ ~,0. Q' _ p ~ ~ ¢ ..., ~ z ¢ ¢ m ~ z ~ n. z w .. ~ ~ ~ U z z ~ U¢ w ~ ~' o m ~ ~ _ cn o ~ ¢ ~ ~ w ¢ o a w x ' ~ ~ C7 o a ~o U u o ¢ ¢ a U ~ C9 U u -.. '~ U ' o .. ~ ~ n ' ~ ~ ¢ U o: . . C9 a z 0 U U m 0 °~g ._ 0 0 w 0 r w' z 0 U 0 w w w w c~ U Z w Q 0 0 Attachment. E HOUSEHOLD HAZARDOUS WASTE ' EMERGENCY COLLECTION PLAN • 1: PURPOSE The purpose of the Household Hazardous Waste: Emergency plan is to ttLinimi~.e potential public health and safety impacts, as well! as to minimize costs. and confusion. during, an emergency or disaster. This. Attachment will. provide clarification. to local. jurisdictions about services the County can provide and the responsibilities of each party for the collection of household hazardous wasfes ~~ in response to an emergency. Jurisdictions should contactlocal emergency agencies,. the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control. (DISC) for more: specific information. on hazardous. materials emergency response.: . 2. TYming of HfiW While it is important to have special collection opportunities fordisaster=related HIVV as soon as possible to avoid illegal' disposal or harm to people and/or the environment,. having°an. event or service too. soon -after a disaster may result in low participation. . Sufficient public notification,.. assessment. and monitoring. of the disaster and cleanup process by the City HHW Coordinators is essential.. 3. Public Information/Notification: . Cities. should be prepared to pmvde the public with information related to the problems. associated with HI~W along with information about special collection. events and services. Upon the decision to hold an emergency collection event, it_is the City's responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event.. A City's public outreach program should evaluate all' forms of media including: newspaper ads, posters, flyers, press releases,. banners, door -to-door notices, roadside signs, signs on dumpsters, radio public service announcements, and'' television public access stations. Be aware of communities where multiple language:. ads will be necessary: 4. State HHW Collection Permits The State Department of Toxic Substances Control (DISC) is responsible for issuing the. necessary state permits for HHW collection facilities. During. an emergency,, the County will obtain. the necessary emergency permit, for special collection of household hazardous waste, from DISC through. their expedited approval process. ~AOBNCY AaREBMEN'T FOR (70UNTYWIDE HOUSEHOLD HAZARDOUS WASTB CALLBCTION PROGRAM c ~(:, ~:,- ,: .1' ;.d,. 5. Collection Eveats Temporary collection events can be set-up at various sites including parking lots;,city :maintenance yards, neighborhoods needing service, and'at landfills or a centralized location to' service .larger segments of the ;population.. Waste collected can be transported with-°the HHW Program's hazardous waste transportation vehicle. -In .additional, events can be scheduled at the two existing.Countywide Household Hazardous Waste Collection Facilities (CoHHWCF). The following options are available to each participating City. • Neiahborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City' Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility. ' . • Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event :(Events) at various sites located in Santa Clara County throughout the year. -:Events will be expanded to ..give priority to disaster victims when requested by the :City. The County shall obtain all necessary permits and :licenses required for the events and shall provide and/or .contract for the services of properly trained personnel ..and :hazardous waste haulers, The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events.. . • CoHHWCF: The County operates two permitted HHW collection facilities for the-collection --~ and storage of HHW. The County shall pmvide or contract for services, equipment, and supplies to properly receive, package, Gabel, haul, recycle and dispose of wastes collected at the BOP Centers. The CoHHWCF are located at: • Sunnyvale Recycling Center, 164 Carl Avg, Sunnyvale Tenth Street Center, 160010th Street, San Jose 6. Costs,, .Documentation and Reimbursements Cities will be billed on a cost recovery basis commensurate with the charges specified in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Costs of emergency events will be tracked and billed separately.. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with theterms of the AGENCY AGREEMENT FOB COT:I~JTYWIDE HOUSEHOLD HAZARDOUS WASTE COL>rEC'TION PROGRAM. ~A(~ENCY AOREBMENT FOR OOUNTYWIAB HOUSBFiOLD.HAZARDOUS WAS"TB COLLBCTION PROGRAM 2 ('°'i (~ The County agrees to provide the City~with a detailed accounting..: of services provided. ; for an emergency collection. Documentation will. track the time .and materials of staff; outside contractor expenses,.. and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond' existing collection - programs. Services to businesses will be provided on a cost. recovery basis and according. to Attachment D of:the AGENCY AGREEMENT.FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE- COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal' costs.. The County will assume responsibility for collecting fees from participating.. businesses. . 7. State. and Federal Assistance and Funds . It is the city's responsibility to pursue reimbursement from State or Federal.. agencies. State Office of Emeraencv Services (OESI The OES is responsible for requesting, assistance on behalf of local. jurisdictions for resources beyond the capability of the jurisdiction. ~$tate~ assistance; may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area,.and the local jurisdiction deems that the needs of the , disaster response are beyond- its capabilities, then the local. j urisdiction can request assistance and reimbursement, of costs from OES. . Follow Standazdzed Emer~enc~gement S stem (SEMSI All requests and. emergency responses must. be in accordance with`the SEMS. The State Department of Toxic Substances. Control may have funding: available . for hazardous waste response and collection. Federal Assistance If a state disaster •azea Is :declared a federal disaster, then federal. funding assistance maybe available through the State OES. Funding and assistance maybe available from Federal agencies such as FEMA and. the U.S'. EPA. Damage estimates: The city should provide to the State OES estimates. of damages.. and a "scope of work requested." It is recommended that. the local HHW coordinator meet ahead of time with local.. emergency agencies or State OES contacts regarding the proper procedures. and wording of requests for assistance.. AaBNCY AaRBEMENT FOR ~OUNTYWIDSHOUSEHOLD HAZARDOUS' WASTB OOLLBCI'ION PR0C9RAM 3 ~ ~ Funding Process: The .funding :process may vary depending on the unique circumstances of the disaster. 'The process can either be the traditional FEIVIA reimbursement process, or by direct assistance from EPA. .REFERENCES California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:. Guidance for local government on disaster debris management, January 1997. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARpOUS WASTE COLLECTION PROGRAM 4 Cl n Emergency Planning Contacts and Personnel~~~ .~. Primary County Contact: Department of Environmental Health Household. Hazardous Waste Program Ed Ramon Hazardous Material Specialist 408-299 7300 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations.. Santa. Clara County ' .Department of Environmental. Health ,Hazardous. Materials Compliance and Solid. Waste enforcement Division. Erwin Koehler Director 408-299-6930 Information and Public Affairs 2800 Meadowview Road Sacramento, CA 95832' 916/262-1843 916/262 1841 (voicePTDD) OES -Coastal Region 1300 Clay Street, Suite 400 Oaldand CA 94612 510/286-0895 5:10/286-0877 (voice/'TDD) CHEMTREC Emergency number, (800} 424-9300 Non-emergency (800) 262-8200 Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information. to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical .assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts Yo safely mitigate incidents involving chemicals. AQENCY AQRBEMENT FOR (70UNTYWmE HOUSEHOLD HA7.ARDOUS WASTB OOLLE4`fION PROC3RAM 5 RESOLU'1,-•~N OF THE BOARD OF SUPER`S ...~OItS OF THE COUNTY OF SANTA CLARA AMENDING THE COUNT~~'VIDE SOLID WASTE PLANI~TING FEE WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or - city and county .may impose fees in amounts sufficient to pay the costs ~of preparing, adopting, and implementing an_integrated waste management plan; and WHEREAS, a:Countywide Solid Waste Planning Fee (Pee) was established in 1984 to support the Countywide Planning Program and.is expended only on cooperative countywide solid waste planning, programs, and activities; .:and WHEREAS, a .fee of 42~ per ton of wastes. disposed of at landfills located within the. county was approved in 1996; and WHEREAS, the Solid Waste Commission of-Santa Clara County has determined that the Pee should be imposed on each ton of waste disposed of at landfills located within the county or taken to non-disposalfacilities located within the :county where it is to be transported for disposal to landfills outside of Santa Qara County in order to assure equal assessment of the Pee on wastes and in order to fund rnuntywide costs ~of preparing, adopting, .and implementing the integrated waste management plan, countywide programs, and other state- mandated activities; and . WHEREAS, each ton of waste will: be subject to the Pee at the non-disposal :facility or landfill, but not a# both locations; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the Pee is a categorical exemption under Section 15308 and is a statutory exemption under Section 15273 of CEQA. . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OP SANTA CLARA: . 1. The County of Santa Clara approves the collection of a Fee of 42~ per ton on all wastes landflled at permitted disposal sites located within the. county and at permitted non-disposal.facilities located within the county which.send wastes for landfill disposal. 2. The Pee shall be effective on July 1, 2000. 3. The County hall bill disposal site operators at the end of each calendar quarter; payment shall be due to the County within 45 days of the end of the Solid Waste platudng Fee. Resolution, Page 1 of 2 n n calendar quarter for which the payment.applies. If Pees are not paid. oh a timely basis, additional charges shall~~be added as follows: . (a) a late~processing fee of $100 shall be added' if Pees are not paid within 45 days of the. end of the calendar quarter for which the payment applies; - (b) adelinquent penalty of 1% per month shall be added. it balance is not paid. within. 60 days of the end of the. calendar quarter for which the payment applies. ,- 4. In accordance with, CEQA, the Board. of Supervisors finds that the. collection of the Pee atnon-disposal facilities as well as at disposal facilities is necessary for meeting the costs of preparing, adopting, and. implementing, the integrated wasfe management plan, expenses of countywide: programs, and costs of other state=mandated activities. Thee. collection of the Pee is a categorical exemption under Section 15308 and a statutoryexemption under'15273 of the. State CEQA guidelines. ~ . PASSED AND. ADOPTED by the: Board of Supervisors of the County of Santa Clara, State.. of California one by the following vote:. AYES: NOES: ABSENT: - ~ _ ABSTAIlV: Donald P. Gage, Chairperson Board of Supervisors ATTEST: Phyllis Perez, Clerk of the Board' APPROVED AS TO PORM AND LEGALITY: ~Vl Kathy Kret r, Deputy ounty Counsel ;~~ -: ~~.:: .. ~ Solld waste PlainniitE Pee Resolufi~u, Page 2 of 2