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 HouRESOLUTION 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 2001 THROUGH FY 2003 (JULY 1, 2000 - JUNE 30,
2003)
FOLLOWS:
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS
That the Town Manager is authorized to execute:
1.) the Agency Agreement for Countywide AB 939 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
2000-01 (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 5th day of June, 2000, by the
following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski,
Mayor Steven Blanton
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN TOOS GATOS
LOS GATOS', CALIFORNIA
Exhibit A A6w oo.0'5�L
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, Mountain 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) is 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
and: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 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; and
WHEREAS, state law requires jurisdictions to plan and implement household hazardous
waste services; and
WHEREAS, household hazardous waste (HHW) 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,
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 II"MONTATION FEE
!r�
spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints,
motor oil, antifreeze and car batteries; and
WHEREAS, 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'$2.80 per ton of waste to be disposed.
The Fee is divided into two parts 1) a Program Fee of $1.30 per ton to assist in
funding the 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 allocated to the COUNTY, CITIES, and
Countywide HHW Program 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 located within -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 (and subsequent amendments to that Element).
2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from
landfills and non -disposal facilities listed in Exhibit A, andany, 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 -
disposal 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 delinquent penalties. Collected funds and any
late filing payments and delinquency' penalties shall be distributed to CITIES and
Countywide HHW Program based on the formula set forth in Exhibits B and C.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 UOLEMENTATION 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 30. 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 a non -disposal facility and again at a
landfill within Santa Clara County). The Program Fee funding share 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 of the COUNTY. The HHW Fee portion shall assist in
funding the costs of each city's share 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 of the 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 shared pro rata but instead the parties agree that each of the
parties hereto shall 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 this 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 of the Fee 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.
AoLzNCY AC3REEMENT FOR DOUNTYWIDE AB 939 WLEMENTATION FOE
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 COUNTYWIDEHHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW
Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION -PROGRAM.
Regardless of whether CITIES enter into the Agreement, CITIES's share of
funds collected for Abandoned Waste Disposal Costs will be paid directly to the
Countywide HHW Program as described in Exhibit C.
9. LATE PAYMENTS
If Fee payments and disposal documentation.are not received from landfill or
.non -disposal facility operators prior to scheduled distribution of payments to
CITIES and the Countywide HHW Program, payment distribution shall be
calculated on a pro rats share of monies received. Upon collection, late
payments and accrued delinquent penalties, if any, shall be distributed among
CITIES and the Countywide HEW 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)' years 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 submitted by
landfills and non -disposal facilities, waste stream documentation provided by
cities,, and.payments 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
AGENCY AGREEMENT FOR COUNTYWIDE AB 9391WLEMETTI'ATiON FEE 4
receipt of their Fee 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
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 apartnership or joint
venture between the parties.
15. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2000, to August31, 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 June 30, 2003.
16. EXTENSION OF TERM
This Agreement may be 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 personallyor 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.
AGENCY AGREEMENT FOR CUBE AB 939 IIviPLEMENTA m FEE 5
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 may be 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 instrument.
IN WITNESS WHEREOF, the parties have executed this AGENCY
AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
Agreement on the dates as stated below:
"COUNTY"
COUNTY OF SANTA CLARA,
a political subdivision of the
State of California
By:
Donald F. Gage, Chairperson,
Board of Supervisors
Date:
ATTEST:
Phyllis Perez, Clerk,
Board of Supervisors
Date:
nCTTyn
CITY OF
By:
Title Date
APPROVED AS TO FORM AND LEGALITY:
C-. sl � DO
Kathy Kre chmer Date
Deputy County Counsel'
AGENCY AGREEMLrNT FOR COUNTYWIDE AB 939 H"LEMENTAnON 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
Zanker Road Landfill
Pacheco Pass Sanitary Landfill
NION-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
Zanker 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 DHLEMENTATION FEE 7
EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
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 reports -submitted 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 AGREEMENT FOR COUNTYWIDE AB 939 RdMEMENTATION FEE 8
EXHIBIT C'
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM HHW FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are 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 $1.50 per ton collected as
part of the AGENCY AGREEMENT FOR COUNTYWIDE AB 939
IMPLEMENTATION FEE will be the primary source of funding -of HHW Program
services.
Funds derived from the HHW 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 jurisdictiion. 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 E-1, "Population
Estimates for: California Cities and Counties".
B. Abandoned Waste Disposal Cost will 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, $1.19, and $1.24 per household per
jurisdiction for fiscal years 2001 through 2003 respectively. Fixed program costs
may include, but are not limited to 4.5 full-time equivalent 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.
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 Clara County and in the unincorporated
area of the county. This portion of the funds shall be distributed directly to the
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 59LEMENTATION FEE 9
Countywide HHW Program. All jurisdictions throughout the COUNTY contribute to
this cost including jurisdictions not participating in the AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM. Theabandonedwaste disposal cost portion will fund disposal of HHW
illegally abandoned at nonprofit charitable. reuse organizations. For the purposes of
this agreement, the PUBLICRESOURCES CODE 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.revenues 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. 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 Costs and
Abandoned Waste Costs 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 AGREEMENT FOR COUNTYWIDE AB 939 MTLEMENTATION FEE 10
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES NOT
participating in the Agency Agreement will receive their pro-rata share of funding
received by the COUNTY from the HHW Fee, with the exception of funds 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 charge equal
to the published rates charged to Conditionally Exempt Small Quantity Generators
will be billed 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 shared as defined in Section 6 of the AGENCY
AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE. .
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 BeLEMENTATION FEE 11
Exhibit D
List of Contacts
CITY OF CAMPBELL:
BILL HELMS
ENVIRO. PROGRAMS MGR.
70 NORTH FIRST STREET
CAMPBELL CA 95008
(408) 866-2150
billh@ci.campbell.ca.us
CITY OF GILROY:
LISA JENSEMA
ENVIRONMENT PROGRAM COORDINATOR
7351 ROSANNA STREET
GILROY CA 95020
(408) 846-0460
ljensema@ei.gilroy.ca.us
TOWN OF LOS ALTOS HILLS:
JIM RASP
PUBLIC WORKS MANAGER
26379 FREMONT'ROAD .
LOS ALTOS HILLS CA 94022
(650) 941-7222
jrasp@1'osaltoshilis.ca.gov
TOWN OF LOS GATOS:
REGINA FALKNER
COMMUNITY 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
SUNNYVALE CA 94086
(408) 730-7421
mbowers(a ci.sunnvvale.cams
CITY OF CUPERTINO:
LAVENIA MILLAR
ENVIRONMENTAL PROGRAMS
10300 TORRE AVENUE.
CUPERTINO CA 95014
(408) 777-3242
laveniam@cupertino.org
TOWN OF LOS ALTOS:
BRUCE BANE
ONE NORTH SAN ANTONIO RD
LOS ALTOS CA 94022
(650) 948-1491
bruce.bane@ci.los-altos.ca.us
CITY OF MILPITAS:
BARBARA DANIELS
SENIOR ADMINISTRATIVE ANALYST
455 E CALAVERAS BLVD
MILPITAS CA 95055
(408) 586-3353
bdaniels@ci.milpitas.ca.gov
CITY OF MORGAN HILL:
TONY EULO
ENVIRONMENTAL PROGRAM MGR
17555 PEAK AVE
MORGAN HILL CA 95037
(408) 779-7247
teulo@ch.morgan-hill.ca.gov
CITY OF SAN JOSE:
SKIP LACAZE
ENVIRONMENTAL SERVICES DEPT.
777 NORTH FIRST ST SUITE 450
SAN JOSE CA 95112
(408) 277-3994
skip. lacaze@ei. sj .ca.us,
AGENCY AOREMAENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COUXZnON PROGRAM
Exhibit D
CITY OF MONTE SERENO:
BRIAN LOVENTHAL
CITY MANAGER
18041 SAR.ATOGA/LOS GATOS ROAD
MONTE SERENO CA 95030
(408) 354-7635
bloventhalnayahoo.com
L. SCOTT HOBSON
HILTON FARNKOPF & HOBSON, LLC
2201 WALNUT AVE. SUITE 280
FREMONT, CA 94538
(510) 713-3274
shbbsonCahfh-consultants.com
CITY OF SANTA CLARA:
RICK MAUCK
DEPUTY DIRECTOR OF PUBLIC WORKS
STREET SUPERINTENDENT
1500 WAR13URTON AVENUE
SAWA CLARA CA 95050
(408) 615-2050
miauck(a ci.santa-clara.ca.us-
CITY OF'SARATOGA:
PAULAREEVE
ASSISTANT TO THE CITY MANAGER
13777 FRUITVALE AVENUE
SARATOGA CA 95070
(408) 868-1267
cityhall(a,)sarato&a.ca.us
CITY OF MOUNTAIN VIEW:
CYNTHIA PALACIO
PUBLIC WORKS DEPT
P O BOX 7540
MOUNTAIN VIEW CA 94039
(650) 903-6229
cynthia palacio(c cci.mtnview.ca.us
CITY OF PALO ALTO:
RUSSELL REISERER
MANAGER OF ENVIRONMENTAL PROGR
P O BOX 10250
PALO ALTO CA 94303
(650) 496-6951
mssell 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 -
margaret randsftln.co.santa-clams ca.us
AND
SANTA CLARA COUNTY:
SHARON DOWELL
HAZARDOUS MATERIALS PROGRAM
MANAGER
HOUSEHOLD HAZARDOUS WASTE PROG
2220 MOORPARK AVE SUITE 204
SAN JOSE CA 95128
(408) 299-6688
sharon.dowelIP-deh.co.santa-clara.ca.us
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Exhibit B
AGENCY AGREEMENT FOR COL fYWIDE R ��•�
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement is made by and between the (CITY
or Participating Jurisdiction) and the County of Santa Clara (COUNTY) on the
day of 2000.
RECITALS
WHEREAS'I 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, regardless 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 of their household hazardous waste OEM in order to
encourage the proper disposal of 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, furniture polish, solvents, oven cleaner, pesticides,
oil based paints, motor o% 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 described below; and
WHEREAS, the participating jurisdictions desire to schedule Household Hazardous
Waste' Collection Events (Events) for residents for FY'2001 through FY'2003 (July 1,
2000 - June 30, 2003); and
WHEREAS, the participating jurisdictions desire to provide household hazardous
waste collection services to a minimum of 3% o of the households per fiscal year in
each participating jurisdiction; and
WHEREAS, the County Board of Supervisors has approved a Countywide Household
Hazardous Waste Fee.(HRW 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 AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
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
willparticipate 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 directly mandatedunder AB939, which establishes _
statutory authority to provide for funding to support planning and implementation of
integrated waste management programs. The HIiW Fee, of $`1.50 per ton, collected
as part of the AGENCY AGREEMENT FOR. COUNTYWIDE AB 939
IlvTLEMENTATION FEE will be the primary source of funding for HHW Program
services.
Funds derived from the HHW 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 E-1, "Population
Estimates for California Cities and Counties'
B. Abandoned Waste Disposal Cost will be apportioned based on the number of
households in all cities and towns in Santa Clara County and. in
unincorporated area of the county.
C. Variable Cost Per Car to provide a base level service to 3% o of households in all
participating jurisdictions.
D. Discretionary Funding, 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 2001 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;5 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 OOL ECTION`PROGRAM 2
4. ABANDONED WA, fE 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. The abandoned 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 (CoHHWCF).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 ear 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 of. HHW for
the elderly and/or disabled.
7. ADMINISTRATION AND PAYMENT OFHHWFEE
The Santa Clara County Integrated. Waste Management Program (IWMP) will
administer the Fee, as part of the existing landfill billing system. „ Administration
AGENCY AGREMMIT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE OOLLE70N PROGRAM 3
and payment. will be made in accordance with the AGENCY AGREEMENT. FOR
COUNTYWIDE AB 939 H PLEMENTATION 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 faun and
festivals.'
• CoHHW 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, but may. not be limited to the following activities:
• Provide a copy of HHW promotionalmaterials 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 H.RW Program with a copy of locally produced materials.
• CITY is responsible for conducting supporting, outreach and publicity -to
attain the3%o goal' of household participation.
9. DELEGATION -OF AUTHORITY
The Board of Supervisors delegates all CoHHW 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 any necessary license 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'AOREEMM,tr MR COUNTYWIDE HOUSEHOLD HAZARDOUS' WASTE COUXMON PROORAM 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. HOUSEHOLD 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 toProperly receive,
package, label, haul, recycle and dispose of wastes collected. The CoHHW 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 Ave,, Sunnyvale
Tenth Street Center,1 60010th Street, San Jose
01)
♦ San Martin, Murphy Avenue (future site, September, 2 .
12. CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR
DISPOSAL PROGRAM
COUNTY will provide services :to accept hazardous waste from Conditionally
Exempt Small Quantity Generators (CESQG). A CESQG is defined by Federal
regulation as a business that generates less than 100 Kilograms (2201bs.) of,
hazardous waste or 1 Kilogram (2.2 lbs) 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
AOENCY AOREBMENT FOR couNrizv=E HOUSEHOLD HAZMMUS WASH COL''CnON PROORAM S
means a household hazardous waste left at a property by an unknown party.
Abandonedhousehold hazardous waste does not include waste generated by a known
organization or agency in the coursed 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 be charged
for disposal of abandoned' household hazardous waste according to the CoHHW
Program's published rates for conditionally exempt small quantity generators
(CESQGs)..
14. NONPROFIT CHARITABLE REUSER
A Nonprofit Charitable Reuser organization,. is a nonprofit as defined in Section .
501C(3) of the Federal Internal Revenue Code, or a distinct operating unit or division
of the charitable organization. A Nonprofit Charitable Reuser is further 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 must 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 final 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 generatedby the
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
(Fee). Disposal available to Nonprofit Charitable Reuser shall be on a first come first
serve basis. Once'the cost for disposal of the abandoned household hazardous waste
from Nonprofit Charitable Reusers. is equal to the, available. funds collected through
the Fee in any one fiscal year, disposal fees shall no longer 'be waived, and Nonprofit
Charitable Reusers shall be charged for.disposal of abandoned' household hazardous
waste according to the HHW Program's published.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 are 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 consumer products.
16. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal'. These
include, but are not limited' to, compressed gas cylinders larger than 5 gallons,
radioactive materials, and explosives. Other wastes not accepted by the CoHHW
AGENCY AGREEME?,rr FOR COUNTYME HOUSEHOLD HAZARDOUS' WASH COUJX-IYON PROGRAM 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 shall be made available upon written agreement_ between
the CITY's authorized representative and the Director of the Department of
Environmental Health. Additional services may include, but are not limited to,
additional appointments (charged at the variable cost per car rate), Door -to -Door
HHW Collection, Used Oil Filter Collection and Abandoned Waste Collection.
CITY agrees to augment up to an additional $ _ to the Countywide HHW
Program during Fiscal Year 2001 for the purpose of increased resident 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
$60.00 per car. Fiscal Year 2002 and FY 2003 funding augmentations shall be
agreed upowin writing by the Director of the Department -of Environmental Health
and the designated CITY representative. Other services will be charged 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
final annual cost statement shall be prepared by the COUNTY and. issued to the CITY.
by September 15. The annual cost statement will take into consideration costs
incurred on behalf of the CITY for additional services and all 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. CITY 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 4:30 p.m. The information service will register
residents for the Mobile HHW Events and CoHHWF and provide information about
hazardous household materials. CITY will be 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
PROGRAM 7
AGENCY•AGRMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLD noN
E
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%0 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's available funding allocation.
21. REGIONAL GRANT PARTICIPATION
The CoHHW Program is hereby given, permission by 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'HHW Program will 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 Program 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 this emergency planning for HHW is to minimize potential'
public health and safety impacts, as well as to minimize costs and confusion.
Attachment E will provide clarification to local jurisdictions about delegation: of
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 an
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 .
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COI.LE nON PROGRAM.
Substances Control, and tLandle wastes in accordance with State m. COUNTY will
bill CITY for all special emergency events on a cost recovery basis and all payments
shall be due thirty days following the receipt of the invoice.
23. PRIVATE SPONSORED EVENTS
COUNTY may also secure 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 Programs
annual report to the participating jurisdictions.
24. INSURANCE CERTIFICATES
Contractors. who provide hazardous waste transportation 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 shallhave 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
Within 30 days following the end of each quarter,
COUNTY will providea report to
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
participating jurisdictions no later than six months after the end of the COUNTY's
fiscal year.
It will be assumed for cost and reporting purposes that each participating jurisdiction
is contributing to 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 would be
ten percent. See also Section 27.
AGENCY AGREEMENTFOR COUNTYWIDE HOUSEHOLD B&ZARDOUS WAM COLI.i( WON PROGRAM 9
0 � 0
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 $60, an adjustment to the Discretionary
Funding may be 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 not withstanding 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 party shall not be shared pro rata
but instead COUNTY and CITY agree that pWw=t to Government Code Section
895.4, each of the parties hereto Shall fully indemnify and hold each of the other parties,
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
810.8) occurring by reason of the negligent 'acts or oniissions or willful misconduct 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 such -party under this
Agreement. No party, nor any officer, board member, employee or agent thereof shall
be responsible for any damage or liability occurring 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, CITY shall indemnify COUNTY for Cr s'apportioned share of any
liability incurred and attributedto the, Countywide HHW 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 liablehauler or' liable disposal facility
operator. No liability shall' be apportioned to the CITY for transportation, treatment
or disposal in any case where the COUNTY has contracted for such services and has
failed to require the contractor to maintain the insurance requirements set forth in
Section 24 above.
AGENCY AGREEMENT FOR OOUNTYWME HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10
CITY shall further inde�..rify COUNTY for CITY's apportione< are of liability
incurred and attributed to the Countywide HHW 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 to
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 of nonresidents'.,
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
COUNTY 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 and Nonprofit Charitable Reuser portion of the waste shall be
determined by calculating the percentage, by weight, of the total household hazardous
waste accepted by the Countywide HHW Program. This 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 C=s
apportioned share 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 year.
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 may be extended for succeeding three-year terms if COUNTY and,
participating jurisdictions so agree in writing.
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.COUNTYWW]3 HOUSEHOLD HAZARDOUS WASTE COLLECTION PROOF" 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 subjectmatterhereof. No modification of this Agreement 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
San Jose, CA 95129
AGENCY AGREEMENT FOR OOUNTY%WP HOUSEHOLD HAWWOUS wAM OOMEC TION PRGGRAM 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,
a political subdivision of the
State of California
By:
Donald F. Gage, Chairperson,
Board of Supervisors
Date:
ATTEST:
Phyllis Perez, Clerk,
Board of Supervisors
Date:
APPROVED AS TO FORM AND LEGALITY:
S(-w (C)o
Kathy Kretc er Date
Deputy County Counsel
"CITY"
CITY OF
a municipal corporation.
by:
Title:
Date
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAMMUS WASTE OOL.E'nON PROOF" 13
Attachments:
A FY 2001 Allocation of $1.50/ton AB 939 HHW'Fee by Jurisdiction
B Estimated HHW Program Fixed Costs by Fiscal Year
C Draft HHW Schedule For Fiscal Year 2000/2001
D Santa Clara County CESQG Drop-off Price List
E Household Hazardous Waste Emergency Collection Plan
AOENGY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE ODUi:EMON FROORAM 14
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Attachment B
ESTIMATED HHW 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
$105,000
Facilities Lease Costs
$25,000
$25,000
$25,000
Vehicle Lease Costs .
$25,000
$25,000
$25,000
Office Supplies
$25,500
$30,006'
$30,000
Maintenance
$5,000'
$5,000
$5,000..
Staff Training
$10,000
$10,000
$102000
Facility Closure
$20,000
$20,000
$20,000
ESTIMATED ANNUAL TOTAL
$580,500
$6159000 -
$640,000
DRAFT HHW SCHEDULE FOR FISCAL YEAR 206.. 2001
Year Month
ISaturday
Location I
I ype ot tMentCounty
Holidays (BOLD- NO EVENT)
1
NO EVENT
NO EVENT
TUES JULY-4 INDEPENDENCE DAY
8
SANJOSE
PERMANENT
15
SUNNYVALE
PERMANENT
22
SANJOSE
PERMANENT
29
SUNNYVALE IPERMANENT
5
SANJOSE.
PERMANENT
12
SANJOSE
PERMANENT
19
SUNNYVALE
PERMANENT
.
26
2
CUPERTINO
NO,EVENT
TEMPORARY
NO EVENT
MON SEPT 4'LABOR DAY
9
SAN DOSE ;PERMANENT
16
SUNNYVALE
PERMANENT
23
SANJOSE
PERMANENT
30
SAN DOSE
PERMANENT
SOUTH COUNTY TEMPORARY.
MON-OCT 9 COLUMBUS DAY
14
SANJOSE
PERMANENT
21
SUNNYVALE
PERMANENT
28
WEST VALLEY
TEMPORARY
4
11
NO EVENT
SANJOSE_-
INO EVENT
PERMANENT
STAFF BrHR'REFRESHER TRAINING
SAT NOV 11 VETERANS DAY
18
25
SUNNYVALE
NO;EVENT
jpERMANENT
NO EVENT
THURS NOV 23 & 24 THANKSGIVING
2
SANJOSE
PERMANENT
9
SANJOSE
PERMANENT
16
23
30
SUNNYVALE
NO EVENT
INO EVENT
PERMANENT
NO EVENT
INO EVENT
MON DEC 25 CHRISTMAS
MON JAN 1 NEW YEARS'DAY
6
13
SANJOSE
SANJOSE
IPERMANENT
PERMANENT
MON JAN 15 MARTIN LUTHER KING DAY
20
SUNNYVALE
IPERMANENT
27 SANJOSE 1PERMANENT
3
SOUTH COUNTY TEMPORARY
10 SANJOSE PERMANENT
N FEB 19 PRESIDENTS DAY
17 SUNNYVALE PERMANENT MO
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Attachment C
DRAFT HHW SCHEDULE FOR FISCAL YEAR 2000/ 2001 continued
Year
Month
Saturday .
Location
IType of Event
lCounty Holidays (BOLD- NO EVENT)
73
MT VIEW
TEMPORARY
10
SAN JOSE
PERMANENT'
17
SUNNYVALE
PERMANENT,
24
SAN JOSE
PERMANENT
31
SAN JOSE
PERMANENT
7 . -
MILPITAS
TEMPORARY
'14
SAN JOSE
PERMANENT
SUNNYVALE APR 1S EASTER
21
SUNNYVALE JPERMANENT
28
LOS ALTOS
TEMPORARY
S
STANFORD '
TEMPORARY
.12-
SAN JOSE
PERMANENT
19
SUNNYVALE
PERMANENT
26
NOS EVENT
NO EVENT
MON MAY•28' MEMORIAL DAY
2
SOUTH' COUNTY
TEMPORARY
9
SAN JOSE
PERMANENT
16
SUNNYVALE
PERMANENT
23
SAN JO8E
PERMANENT
30
SAN' JOSS 1PERMANENT
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION' PROGRAM
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Attachment E
HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
1: PURPOSE
The purpose of the Household Hazardous Waste: Emergency plan is to minimize 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 wastes (HHW) in response to an emergency.
Jurisdictions should contact local emergency agencies, the Govemor's Office of
Emergency Services (OES), and the Department of Toxic Substances Control (DISC)
for more specific information on hazardous materials emergency response.
2. Timing of HHW
While it is important to have special collection opportunities for disaster -related HHW
as soon as possible to avoid illegaldisposal. 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 provide the public with information related to the problems
associated with HHW 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.
.1'
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
5. Collection Events
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-Ahe 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 willbe 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 necessarypermits 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 provide or contract for services, equipment, and
supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at
the BOP Centers.
The CoHHWCF are located at:
• Sunnyvale Recycling Center,164 Carl Av4, Sunnyvale
Tenth Street Center, 1600 10th 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 the terms of the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
.AGENCY AGREEMENT FOR couNTYWWE HOUSWOLD HAZARDOUS WAM COLLECTION PROGRAM 2
EN
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 beyondexisting 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 (OES)
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 jurisdiction can request
assistance and reimbursement of costs from OES.
Follow Standardized Emeraencgement System (SEMS)
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 area Is declared a federal disaster, then federal funding assistance
may be available through the State OES. Funding and assistance may be 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 OLS contacts
regarding the proper procedures and wording of requests for assistance.
AGENCY AGREEMENT FOR COUNTYMB HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 3
Funding Process: The funding process may vary depending on the unique
circumstances of the disaster. The process can either be the traditional FEMA
'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 HAZARDOUS WASTE COLLECTION PROGRAM 4
A
Cl n
Emergency Planning Contacts and PersonneL.
Primary County Contact: Department of Environmental Health
Household Hazardous Waste Program
Ed Ramos
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, CA95832'
916/262-1843
916/262-1841(voicePTDD)
OES - Coastal Region
1300 Clay Street, Suite 400
Oakland, CA 94612
510/286-0895
510/286-0877 (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 to safely mitigate incidents
involving chemicals.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLEMON PROGRAM 5
RESOLU1,►JN OF THE BOARD OF SUPER`S ...FORS
OF THE COUNTY OF SANTA CLARA
AMENDING THE COUNTYWIDE SOLID WASTE PLANNING 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 (Fee) 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 42o 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 Fee should be imposed 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 outside of Santa
Clara County in order to assure equal assessment of the Pee on wastes and in
order to fund countywide 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 at 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 OF SANTA CLARA: .
1. The County of Santa Clara approves the collection of a Fee of 42o per ton
on all wastes landfilled 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 shall 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 planning Fee Resolution, Page 1 of 2
calendar quarter for which the payment. applies. If Fees are not paid oh a timely
basis, additional charges shall -be added as follows:
(a) a late- processing fee of $100 shall be addedif Fees are not paid within
45 days of the end of the calendar. quarter for which the payment applies;
(b) a delinquent penalty of 1% per month shall be added if 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 Fee at non -disposal facilities as well as at disposal facilities is
necessary for meeting the costs of preparing, adopting, and implementing the
integrated waste management plan, expenses of countywide programs, and costs
of other state;mandated activities. The collection of the Fee is a categorical
exemption under Section 15308 and a statutory exemption 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:
ABSTAIN:
Donald F. Gage, Chairperson
Board of Supervisors
ATTEST:
Phyllis Perez, Clerk of the Board
APPROVED AS TO FORM AND LEGALITY:
VlA AAA
Kathy Kret r, Deputy ounty Counsel
Solid Waste Maiming Pee Resolution, Page 2 of 2