04 Staff Report - Agreement for Household Hazardous Waste Collection Program
DATE: TO: FROM: COUNCIL AGENDA REPORT April 3, 2009 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER MEETING DATE: 4120/09 ITEM NO: SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER
TO EXECUTE THE AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE AND THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM RECOMMENDATION: Adopt a resolution
authorizing the Town Manager to execute the "Agency Agreement for Countywide AB939 Implementation Fee" (Exhibit A to Attachment 1) and the "Agency Agreement for Countywide Household
Hazardous Waste Collection Program" (Exhibit B to Attachment 1). BACKGROUND: The California Integrated Waste Management Act of 1989 (AB 939) was passed by the State Assembly to promote
the diversion of materials ii-om the landfill, in order to preserve decreasing hmdfill capacity and diminishing natural resources. AB 939 and subsequent legislation requires cities and
counties to prepare, adopt, and implement waste management plans to reduce theiT jUlisdiction's waste disposed in landfills by 50% and to implement programs to propeTly manage household
hazaTdous waste (HHW.) Jurisdictions must maintain the mandated diversion level of 50%, submit annual Teports documenting compliance, and periodically update their adopted waste management
plans. Fines of up to $10,000 pel' day may be assessed to jurisdictions which do not develop and/or implement waste management plans. Finally, AB 939 authorized each California city
and county to impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan. PREPARED BY:
Director N:ICSDITCRPTS12QQl\.J;CRPTSIHHW Agt and ree 2009.<100 Reviewed by: Town Manager _\ijIL':"Town Attomey __Clerk Administrator
__Community Development
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE, AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM ApJiI 3,
2009 Pursuant to Public Resource Code 41901, the Recycling and Solid Waste Reduction Commission of Santa Clara County detennined that such a fee was necessary for the solid waste reduction
efforts ofthe fifteen cities and the unincorporated areas of the county. Effective July 1,1992, the Board of Supervisors established the Countywide AB 939 Implementation Fee, to 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 and subsequently transported for disposal to landfills
located outside of the county. The County collects the fee on behalf of all jurisdictions, and remits it to them for funding of locally-benefitting solid waste reduction programs. DISCUSSION:
The County collects and distributes the Countywide AB 939 Implementation Fee on behalf of the Town and the other jut1sdictions in the County under a tln-ee-year agreement, thc "Agency
Agrecment tor Countywide AB939 Implementation Fee," which expires June 30, 2009. Undcr the CutTent agreement, a fee of$3.55 per ton is collected; $2.05 per ton funds household hazardous
waste services to residents, and the remaining $1.50 per ton funds other AB 939 compliance activities. The Town receives its portion of the fees collected based on the tOlmage ofsolid
waste originating in Los Gatos. Countywide AB939 Implementation Fee Adjustment In order that the Countywide AB 939 hnplementation Fee (AB 939) continue to be collected, a new "Agency
Agreement for Countywide AB 939 hnplementation Fec" must be executed. Bccause the County collects the AB 939 Fee on behalf of fifteen other jurisdictions, it contracts with each juJisdiction.
All fifteen municipalities, including the Town, must approve the "Agency Agreement for Countywide AB 939 hnplementation Fee" by July 1, 2009. If one or more jut1sdictions do not approve
the agreement, the AB 939 Fee will not be collected. The new Agreement would be for a one-year tenn, with tlle option to renew for two additional one-year tenns. The Recycling and Waste
Reduction Commission of Santa Clara County has considered the AB939 Fee, and recommcnds that it be adjusted by 55 cents, for a total fee of $4.1 0 per ton ($2.60 per ton for HHW services
and $1.50 per ton for AB939 compliance activities.) The Recycling and Waste Reduction Commission serves as the p11ncipal advisory body to city/town councils and the Board of Supervisors
on countywide solid waste plmming issues; its members compJise eight council members £i'om cities in the county, a member of the Bom'd of Supervisors, and a member of the Board of the
Santa Clm'a Valley Water District.
PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE, AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM April 3,
2009 The attached "Agency Agreement for Countywide AB 939 Implementation Fee" (Exhibit A to Attachment 1) would increase the AB 939 Fee by to $4.10 per ton for 2009110 as recOlmnended
by the Commission. The increase would be used to fund increased HHW volumes, a 4% base level of service, and an ammallease cost at the new San Jose HHW drop-off facility. A copy of the
Febmary 25 report to the Recycling and Waste Rednction Cormnission, from its Technical Advisory Cormnittee, is Attachment 2; this report contains the cost details. Household Hazardous
Waste Services As noted above, a portion of the AB 939 Fee is earmarked for provision ofHHW services to residents. The Town contracts with the County to provide these services to Los
Gatos residents, under the "Agency Agreemcnt for Countywide Household Hazardous Waste Collection Program." The CUD'ent agreement expires June 30, 2009. The County's household hazardous
waste program allows residents to dispose of safely, and at no charge, common household hazardous wastes including household cleaning products, solvents, oven cleaner, garden pesticides,
oil-based paints, motor oil, antifreeze, and batteries. The cunent agreement assumes that the AB 939 Fee will fund services to 3% of residents (360 Los Gatos households); the Town has
the option to fund services to additional residents, using other monies. As noted abovc, m1d in Attaclunent 2, the proposed increase in the AB939 Fee would allow services to be provided
to 4% ofresidents (480 Los Gatos households) without additional cost to the Town. Historically, the Town has guaranteed services to all Los Gatos residents who request them, and would
continue to do so, using funds from its Solid Waste Fund balance. Los Gatos small businesses may also participate in the progrmn, on a cost recovery basis. The not-to-excced amount for
these additional services was set at $39,000 for FY 2008/09; staff recommends the same for FY 2009/10. The attached "Agency Agreement for Countywide Household Hazardous Waste Collection
Program" (Exhibit B to Attachment I) would extend the existing household hazardous waste serviccs provided by the County through June 30, 2010. ENVIRONMENTAL ASSESSMENT: The recommended
action is not a project defined under CEQA, and no furthcr action is required. FISCAL IMPACT: As noted above, the Countywide AB939 Implementation Fee (Fee) has two components: one pOltion
funds household hazardous waste services, and the other portion funds AB939 compliance activities. The Town does not receive the household hazardous waste serviccs portion of the Fee;
it is retained by the County for its services to Town rcsidents. The Town does
PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE, AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM April 3,
2009 receive the AB939 compliance portion of the Fee; during FY 200911 0, staff estimates revenue from this portion to total approximately $39,000. As discussed in the "Household Hazardous
Waste Services" pOliion of this report, staff recOlmnends that the Town guarantee household hazardous waste services to all Los Gatos residents who request them, with a not-to-exceed
amount of $39,000. The AB939 compliance portion of the Fee would be used to fund these services. Attachments: l. Draft resolution ofthe Town Council of the Town of Los Gatos authorizing
the Town Manager to execute the Agency Agreement for Countywide AB939 Implementation Fee and the Agency Agreement for Countywide Household Hazardous Waste Collection Program (Exhibits
A -B). 2. RepOli of February 25,2009 to the Recycling and Waste Reduction Commission fi'om its Technical Advisory Committee Distribution: Rob D'Arcy, Santa Clara County Department of
Environmental Health Scott Hobson, Hilton Farnkopf and Hobson
Attachment I RESOLUTION NO. 2009-_ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION
FEE AND THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR FY 2010 THROUGH 2012 WHEREAS, a Countywide AB 939 Implementation Fee (Fee) was established
in 1992 to assist the fifteen cities and the county unincorporated area to fund costs of preparing, adopting, and implementing the integrated waste management plan required by the Califomia
hltegrated Waste Management Act of 1989 (AB 939) and subsequent legislation; and WHEREAS, pursuant to Public Resources Code Section 41901, eachjulisdiction must approve the collection
of the Fee, such approval to be indicated by execution of the Agency Agrcement for Countywide AB 939 hnplementation Fec; and WHEREAS, the Town of Los Gatos wishes to approve the collection
of the Fee for FY 2010 through FY 2012; and WHEREAS, the Town of Los Gatos wishes to provide a safe, convenient, and economical means for its residents to dispose ofhousehold hazardous
wastes. RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos Town Manager is authorized to execute: I. The Agcncy
Agreement for Countywide AB 939 Implementation Fee (Exhibit A); and 2. The Agency Agreement for Countywide Household Hazardous Waste Collection Program (Exhibit B); and 3. Future amendments
to both Agreements so long as they conform to the adopted Town budget PASSED AND ADOPTED at a meeting of the Town Council of the Town of Los Gatos, California, held on the__day of ,
2009 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS
GATOS LOS GATOS, CALIFORNIA N:\CSD\TCRPTS\Resolutions\HHW Agt Fcc Reso 2009.doc
EXHlBIT A AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE This Agreement is made by and among the Cities and Towns of Campbell, Cupeltino, 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
_ 2009. 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 Recycling
and Waste Reduction Commission of Santa Clara County has determined that a Countywide AB939 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 landfilled or incinerated within the county; received at any non-disposal or collection facility located within the County and subsequently
transported for disposal or incineration outside of the . County; collected from any location within the County by a solid waste hauler operating pursuant to a fi'anchise, contract,
license, or permit issued by any local jurisdiction and subsequently transpOlted for disposal or incineration ontside of the Connty; or removed from any location in the County by any
person or business for disposal or incineration outside the County; and WHEREAS, state law requires jurisdictions to plan and implement household hazardous waste (HHW) services; and
WHEREAS, 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 proper!y dispose of household hazardous wastes
in an environmentally safe maimer 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 envirol1111ental hazard. These wastes include, but AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010
are not limited to, common household products such as household cleaning products, spot remover, fumiture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze,
fluorescent lamps, and car batteries; 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 $4.10 per ton in FY 2010 of waste to be disposed. The Fee is divided into two parts: I) a Program Fee of $1.50 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 $2.60
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 I-IHW Program and participating jurisdictions as described in Exhibit C. The Fee shall be imposed on each ton of waste landfilled or incinerated within
the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incincration outside of the County; collected from
any location within the County by a solid waste hauler opcrating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for
disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the 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, and any landfill or nondisposal facility subsequently
permitted, on a quarterly basis using data from tmillage reports filed by landfill and non-disposal facility operators with the County Integrated Waste Management Division. The COUNTY
shall require each landfill and nondisposal facility to submit required payment, documentation of tounages disposed, and state-mandated Disposal Reporting System Reports on a quarterly
basis, within 45 days of thc end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa
Clara County tmillage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the
same fashion subject to the same penalties as mentioned AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 20 I0 2
above. 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 Band
C. 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. Best efforts will be made to prevent tonnage from bcing 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 of each of the 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, expcnse, 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 imposcd between CITIES and COUNTY pursuant to Government Codc Scction 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 hercto 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 c0lll1ection with, performance of its responsibilities pursuant to this Agreement. Additionally, CITY shall indemnify, hold
harmless, and defend defend COUNTY, its officers, agents, and employees with respect to any loss, damagc, liability, cost or expenses, including attorney fees, arising from misuse of
thc Fee distributed to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and cmployees with respect to any actions brought by third parties based
on COUNTY's negligence in the collection or distribution of said Fees. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTAnON FEE FY 20] 0 3
7. DISTRIBUTION OF FEE COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant to the formulas described in Exhibits Band 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 2009, and continue quarterly
through October 2010. 8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM CITIES, at their option, may individually palticipate 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 bc paid directly to the Countywide HHW Program as described in Exhibit C, Section 3. 9. LATE PAYMENTS If Fee payments and disposal documentation al'e not received from landfill
or non-disposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, paymcnt distribution shall be calculatcd on a pro rata share
of monies received. Upon collection, latc payments and accrued delinquent penalties, if any, shall be distributcd among CITIES and the Countywide HHW Program according to the formula
in Exhibits Band C. 10. ACCOUNTING COUNTY shall maintain records of all transactions related to collection and distl'ibution 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 npon written reqnest 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 havc a dispute regarding the calculation of its share of the Fee, CITIES
may request in writing a review by COUNTY within 10 days of receipt of their Fee allocation. The review shall be petformed within 30 days of request and results shall be reported to
CITIES in writing AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 4
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 instlUment
signed by the patties. 14. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent conh'actor and not as an officer, agent,
servant or employee of any of the parties hcreto. Each patty shall be solely responsible for the acts and omissions of its officers, agents, employee, conh'actors and subcontractors,
if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 15. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2009
to June 30, 2010, 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 30,2009. Said landfills and non-disposal facilities will be billed for the Fee through June 30,
2010. 16. NOTICES All notices required by this Agrcement 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 below or at such address as the patty may designate in writing in accordance with this section. City of Contact:
_ Title: Address: _ County of Santa Clara AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 20I0 5
Contact: Program: Address: City: Program Manager Integrated Waste Management Division 1553 Berger Drive Building 1 San Jose, CA 95112 17. CONTROLLING LAW This Agreement shall be governed
and construed in accordance with the laws of the State of California. 18. 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 parties or their assigned designates. 19. 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. AGENCY
AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 6
IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:"COUNTY" COUNTY OF SANTA CLARA, a political subdivision
of the State of California By: _ Liz Kniss, President Board of Supervisors Date: _ ATTEST: Maria Marinos Clerk of the Board of Supervisors Date: _ APPROVED AS TO FORM AND LEGALITY: Elizabeth
G. Pianca Deputy County Counsel "CrfY" Date CITY OF _ a municipal corporation. by:. _ Title: Date AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 7
EXIDBITA LANDFILLS LOCATED IN SANTA CLARA COUNTY Guadalupe Rubbish Disposal Site Kirby Canyon Sanitary Landfill Newby Island Sanitary Landfill Pacheco Pass Sanitary Landfill Palo Alto
Refuse Disposal Area Zanker Materials Processing Facility Zanker Road Landfill NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN SANTA CLARA COUNTY Butterick Enterprises Recyclery
California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility ComCare Farms Composting Facility Environmental Management Systems Facility Green
Waste Recovery Facility Mission Trail Waste Systems, Inc. Newby Island Compost Facility Pacheco Pass Landfill Composting Facility Pacific Coast Recycling, Inc. Premier Recycling Facility
The Recyclery at Newby Island San Martin Transfer Station Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z-Best Composting Facility Zanker Materials Processing Facility
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTAnON FEE FY 20 I0 8
EXHIBITB FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE Each jurisdiction located in Santa Clara County will receive $1.50 per ton of solid waste disposed of in landfills or taken to
facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly reports submitted by the County to the State Disposal
Reporting System. Fees collected from lUldocumented 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 IMPlEMENTAnON FEE
FY 2010 9
EXIDBITC COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM FEE (HHW Fee) 1. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority
to provide for funding to SUppOli plamling and implementation of integrated waste managemcnt programs. The HHW Fee, $2.60 per ton in FY 2010, collected as part of the AB939 hnplementation
Fee, will be the primary source of funding for CoHHW Program serviccs. Funds derived from the HHW Fee will be allocated among five types of CoHHW Program 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 begimling of each Fiscal
Year by statistics compiled by the Department of Finance, Demographic Research Unit in their most recent Report, "Population Estimates for California Cities and Counties." B. Abandoned
Waste Disposal Costs will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations. The existing fund balance from previous years will fund the Abandoned
Wastes Disposal Costs for FY 2010. C. Variable Cost Per Car to provide a base level service to 4% of households in all participating jurisdictions. D. Available Discretionary Funding
funded on tonnage generated per participating jurisdiction. 2. FIXED PROGRAM COST Funds shall be distributed on a per household basis for Fixed Program Costs. This portion of the funds
shall be distributed directly to the Countywide HHW Program. Fixed Program Costs funding shall be calculated at $1.85 per household FY 2010. Fixed Program Costs may include, but are
not limited to eight (8) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel,
training costs, equipment and facility maintenance, and union negotiated salary and benefit increases. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 10
3. ABANDONED WASTE DISPOSAL COST The existing unexpended abandoned waste fund balance of $145,000 will fund disposal ofHHW illegally abandoned at nonprofit charitable reuse organizations
for FY 2010. Therefore it is not necessary to apportion any of the Fee for FY 2010. All jurisdictions throughout the COUNTY contribute to this cost including jurisdictions not participating
in the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. For the purposes of this agreement, the PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable
reuse organizations as follows: "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Intemal
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 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 Temporary Events. This pOltion of the funds shall be distributed directly to the Countywide HHW
Program. The Variable Cost Per Car is estimated to be $67 per car for Fiscal Year 2010. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed
costs arc allocated on a pcr household basis, thc variable cost pcr car will be used to calcnlate the costs to service 4% of households across all participating jurisdictions. If the
level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and/or provide
additional services in that jurisdiction the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion will be allocated based on the tons of waste
generated within each each jurisdiction and after allocation of fixed cost and variable per car cost. Available Discretionary Funds will be paid as directed by each jurisdiction. Available
Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but arc not limited to, increasing the number of residents served in the jurisdiction
by the Countywide HHW Program, subsidizing curbside used motor oil collection, universal waste collection, emergency HHW services, funding HHW public education, or providing special
programs such as door-to-door collection ofHHW for the elderly andlor persons with disabilities and neighborhood clean-up events. 7. PROGRAM FUNDING PASS-THROUGH AGENCY AGREEMENT FOR
COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 20 I 0 II
Aimual funding calculations include HHW Fees collected on behalf of all County jurisdictions. CITIES, at their option, may participate in the Countywide HHW ProgTam by entering into
the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES not pmticipating in the Agency Agreement will receive their pro-rata share of funding received
by the COUNTY from the HHWFee, with the exception of funds for the abandoned waste 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 established rates charged by the Countywide HHWProgram 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
28 of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM and as described in Exhibit D. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTAnON FEE FY 20 t0 12
ExmBITD SECTION 28 OF AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 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 Govemment 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 pursuant to Government Code Section 895.4, each of the parties hereto shall fully indenmify and hold each of the other pmties,
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 omissions 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 conuection with
or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, Crry shall indemnify COUNTY for CITY's apportioned share of any
liability incurred and attributed to 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.
Apportiomnent for transportation and treatment liability shall be determined by each pmticipating jurisdiction's pro rata household participation at the event where the waste was generated.
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 appOltioned to CITY for transpOltation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to rcquire the contractor to maintain the insurm1ce
requirements set forth in Section 25 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the
transportation, treatment or disposal of household hazardous waste at cOl1Jorate sponsored events where non-county resident employees of the corporate sponsor are authorized to pmticipate
in the event. Liability for the nomesident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident pOltion shall be determined
by calculating the percentage of nomesiclents participating AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 13
in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing 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 transpOltation, 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 CoHHW 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 CITY's apportioned
share of any liability for household hazardous waste. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 14
Exhibit B AGENCY AGREEMENT FOR COUNTYWIDE 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 2009. RECITALS WHEREAS, 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 hazmdous wastes, regmdless of the specific location at which the collection has
been scheduled; and WHEREAS, the pmticipating jurisdictions desire to provide residents with convenient opportunities to safely dispose of their household hazardous waste (HHW) in order
to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the gmbage, sanitary sewer, storm drain system, or on the ground, in a mmmer which
creates a health or environmental hazard; and WHEREAS, the participating jurisdictions desire to provide 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 oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps containing mercury, household batteries, and electronic waste. Residents
of the CITY listed above will be eligible to bring household hazardous wastes to any household hazardous waste collection event or facility where these wastes will be accepted for proper
disposal as described below; and WHEREAS, the COUNTY Board of Supervisors approved on February 7,2006 to modify the Countywide Household Hazardous Waste Program to include the collection
and management of electronic waste (e-waste); and WHEREAS, the pmticipatingjurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY
2010; and WHEREAS, the pmticipatingjurisdictions desire to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in each participating
jurisdiction; and WHEREAS, the County Board of Supervisors has approved a Countywide AB939 Household Hazmdous Waste Fee (AB939 HHW Fee), as authorized by Public Resources Code 41901,
to be collected at $2.60 in FY 2010 on each ton of waste AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
landfilled or incinerated within the county, received at any non-disposal or collection facility located within the county and subsequently h'ansported for disposal or incineration outside
of the county, collected from any location within the county by a solid waste hauler operating pursuant to a franchise, conh'act, license, or permit issued by any local jurisdiction
and subsequently transported for disposal or incineration olltside of the county, or removed from any location in the county by any person or business for disposal or incineration outside
the county. NOW, THEREFORE, CITY 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 will participate
in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter i\lto an AGENCY
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 2. 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 AB939 HHW Fee, $2.60 per ton in FY 2010, collected as part of the AGENCY AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services. Funds derived fi-om the AB939 HHW Fee will be allocated among four types of
CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in cach participating jurisdiction. The number of households will
be detcrmined at the beginning of each Fiscal Year by statistics compiled by the Department of Finance, Demographic Research Unit in its most recent Report, "Population Estimates for
California Cities and Counties." B. Abandoned Waste Disposal Costs will fund disposal ofHHW illegally abandoned at nonprofit charitable reuse organizations. The existing fll1ld balance
of $145,000 from previous years will fund Abandoned Waste Disposal Costs for FY 2010. c. Variable Cost Per Car to provide a base level service to 4% of households in all participating
jurisdictions. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2
D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. The projected Fiscal Year 2010 AB939 HHW Fee funding allocation by jurisdiction is set
out in Attachment A. 3. FIXED PROGRAM COST Fixed Program Costs shall be $1.85 for FY 2010. Estimated HHW Fixed Costs for FY 2010 are projected in Attachment B. Fixed Program Costs may
include, but are not limited to eight (8) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county
legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit increases. 4. ABANDONED WASTE DISPOSAL COST The existing unexpended non-profit
abandoned waste fund balance of $145,000 will fund disposal ofHHW illegally abandoncd at Nonprofit ChaTitable Reuser organizations dcfined in PUBLIC RESOURCES CODE SECTION 41904. S.
VARIABLE COST PER CAR The Variable Cost Per CaT is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household
Hazardous Wastc Collection Facilities (CoI-llIWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximatcly $67 per car for Fiscal Year 2010. The estimated
cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs are allocated on a per household basis, the Variable Cost Per Car will be used to calculatc the
costs to service 4% of households across all participating jurisdictions. If the lcvel of 4% of households is not reached in a paTticular jurisdiction, the CoHHW Program will use the
remaining balance of funds, in cooperation with the CITY that has less than 4% participation levels, to increase public outreach and/or provide additional services in that jmisdiction
the following ycar. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within
each jurisdiction, and after allocation of Fixed Program Costs, and Variable Per Car Costs. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary
Funds must be used for HHW pmposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoI-llIW
Program, subsidizing cmbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM 3
emergency HHW services, funding HHW public education, or providing special programs such as door-to-door collection ofHHW for the elderly and/or persons with disabilities and neighborhood
clean-up events. 7. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE The Santa Clara County Integrated Waste Management Program (IWMP) will administer the AB939 HHW Fee, as part of the
existing landfill billing system. Administration and payment will be made in accordance with the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE. 8. PROGRAM PUBLICITY The CoHHW
Program shall have available to the public a HHW brochure for distribution. The CITY shall be responsibility for developing and coordinating citywide awareness of the HHW Program. The
CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to the following
activities: • Serving as the formal contact to the major media. e 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 fairs
and festivals. • . Providing pmticipating 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 not be limited to the following activities: • Providing a copy ofHHWpromotional materials to the CoHHW Program for review for accuracy
and completeness, prior to publication. • Developing and distributing communications to residents for local and city newsletters, newspapers and to the electronic media. • Providing
the CoHHW Program with a copy of locally produced materials. • Conducting supporting outreach and publicity to attain the 4% goal of household participation. 9. DELEGATION OF AUTHORITY
AGENCY AGREEMENT raR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 4
The Board of Supervisors delegates all CoHHW Program management to the Department of Agriculture and Environmental Management. The Director of the Department of Agriculture and Environmental
Management 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 and the Office of the County Executive. 10.
TEMPORARY HHW EVENTS COUNTY shall conduct HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Events and
shall provide or contract for the services of properly trained, qualified persOlmel 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 wastcs collected collected at Events. 11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shall conduct
collection operations at three County Household Hazardous Waste Collection Facilities (CoHHWCF). The CoHHWCF will operate a reuse program, offering usable materials to the public at
no charge. The COUNTY shall obtain all nccessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive,
packagc, label, haul, recycle and disposc of wastes collected. Thc construction of the San Jose facility is cxpected to be completed in September, 2009. The CoHHWCFs are located at:
• Sunnyvale Recycling Center, 164 Carl Road, Sunnyvale • 13055 Murphy Avenue, San Martin • 1608 Las Plumas Avenue, San Jose (opening in September 2009) 12. SMALL BUSINESS RECYCLING AND
DISPOSAL PROGRAM COUNTY will provide serviccs 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 (220 lbs.) of hazardous waste or 1 Kilogram (2.2Ibs.) of extremely hazardous waste per month. Eligible businesses within the County will be allowed
to bring their hazardous waste to 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 AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5
businesses. See Attachment D, titled Santa Clara County CESQG Drop-off Price List. The Santa Clara County CESQG Drop-off Price List is subject to change at the discretion of County to
reflect increases or decreases in CoHHW Program costs. 13. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by govemment agencies and
nonprofit charitable reusers. Abandoned HHW means a HHW left at a property by an unknown party. Abandoned household hazardous 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 be charged for disposal of abandoned HHW according to the
CoHHW Program's published rates for conditionally exempt small quantity generators (CESQGs). CESQGs). 14. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization, is a
nonprofit as defined in Section 501 (c) (3) of the United States 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 than 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 HHW from Nonprofit Charitable Reusers and will waive disposal
fees on the cost of disposal of the abandoned HHW in an arumal amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available
to Nonprofit Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the cost for disposal of the abandoned HHW from Nonprofit Charitable Reusers is equal to the
available funds, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates
for CESQGs. No additional costs shall be applied to the budget of a participating jurisdiction. 15. WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to materials as
defioed in Health and Safety Code Section 252l8.1(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, mercury thennostats, fluorescent lamps containing mercury, household batteries, e-waste and other common hazardous
consumer products. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 6
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 ProgI'am are wastes generated as part of operating a business, including a home operated business, except
that waste from CESQGs as provided for in Section 13 above shall be accepted. 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY may elect to aUgIllent funding provided for in this AgI'eement
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 Agriculture and
Environmental Management. Additional services may include, but are not limited to, additional appointments (charged at the variable cost per car rate), Doorto-Door HHW Collection, Used
Oil Filter Collection, Universal Waste Collection, Electronic Waste Collection, and Abandoned Waste Collection, CITY agrees to augment up to an additional $ to the Countywide HHW Program
during Fiscal Year 2010 for the purpose of increased resident participation above the 4% service level at the scheduled collection dates listed in Attachment C. AUgInentation will be
calculated at thc Variablc Cost Per Car rate which is estimated at $67.00 per car. Other services will be charged on a cost recovery basis. At thc end of each fiscal year, a final annual
cost statement shall be prepared by COUNTY and issued to CITY by Novembcr 30th. The annual cost statcment will takc into consideration costs incurred on behalf of CITY for additional
services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed
to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. 18. INFORMATION AND APPOINTMENT LINE COUNTY will operate a telephone information
and appointment 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 Temporary HHW Events and the collections
at CoHHWCF and provide information about hazardous household materials, CITY will be notified when indicated resident participation approaches the 4% base level of service. 19. SCHEDULING
AND SITE SELECTION COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at thc CoHHWCF. CITY shall coordinate with COUNTY in locating and securing
sites for Temporary HHW Events. It is recognized that some of the AGENCV AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 7
jurisdictions participating in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2010 of Temporary Events and collections at CoHHWCF
is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% 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 COUNTY's discretion, proceed with development of additional programs without affecting CITY's available funding allocation. 21.
ELECTRONIC WASTE COLLECTION The CoHHW Program will accept electronic waste (e-waste) from residents and businesses throughout the county. A contractor has been selected to perform services
and shall reimburse the County Pursuant to the Electronic Waste Recycling Act of 2003 (California State Senate Bill 20) and the Electronic Wste Recycling Act Amendments of 2004 (California
State Senate Bill 50), contractor shall remit to COUNTY, recycling and disposal reimbursements for the elcctronlc equipment designated under this Act that are collected by contractor
on behalf of the COUNTY. Any and all revenues generated by this service will be apportioned to each city based on households in each jurisdictions and added to the Variable Cost Per
Car funding. 22. REGIONAL GRANT PARTICIPATION The CoID-IW Program is hereby given permission by all participating jurisdictions to apply for future grants from the California Integratcd
Waste Management Bomd which me available under the California Oil Recycling Enhancement Act of 1991 and all Household Hazardous Waste grants under the California Intcgrated Waste Management
Act. The Countywide HHW Program will act on behalf of all participating jurisdictions, as the lead applicant and grant administrator. The CoHHW PrograTn will oversee how the moneys are
used and work in coopcration with CITY as to how the funds will be spent. Nothing in this section shall preclude a pmticipating jurisdiction from applying for grant funds in any case
where the CoHHW Program does not apply. 23. 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 sets out CITY and COUNTY responsibilities for the collcction of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 8
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 CITY's responsibility to make a good faith effOlt 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 schednled in as little as ten (10) working days of CITY's written
request or at an agreed upon date thereafter. The plan is set out in Attachment E, Honsehold 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 Substances Control, and handle wastes in accordance with State law. COUNTY will
bill CITY for all special emergency events on a cost recovery basis and all payments shall be due thilty days following the receipt of the invoice. 24. PRIVATE SPONSORED EVENTS COUNTY
may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of partieipatillg jurisdictions and to pay for special programs
snch as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nomesident employee participation in these events shall be shar'ed by
all participating jurisdictions and the COUNTY, as described in Section 28 of this agreement. Summary information conceming these corporate sponsored events will be included in the CoHHW
Program's ammal repOlt to the participating jurisdictions. 25. 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 OCCUlTence, $2 million aggregate; Auto -$1 million; workers compensation --statutory limits established
by law; and environmental impairment liability -$1 million per oeCUlTence, $2 million aggregate. Other contractors shall have insurance in amounts to be determined by COUNTY hlsurance
Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program. 26. WASTE TRACKING
AND REPORTING Within 30 days following the end of the 2nd quarter, COUNTY will provide a midyear report to CITY regardillg participation rates from each participating jurisdiction. Mid-year
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 services. COUNTY will prepare a report summmizing program activities which will be delivered to the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM 9
pmticipating jurisdictions no later than six months after the end of COUNTY's fiscal year. It will be assumed for cost and reporting purposes that each pmticipating jurisdiction is contributing
to the waste stream in propOltion 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 28. COUNTY shall take steps
to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY pmticipation in services scheduled during the next quarter. COUNTY will make
every effort to keep the Variable Cost Per Car at approximately $67. 27. PARTICIPATION REPORTING REPORTING COUNTY shall employ means necessary to verify the place of residence of all
participants in the CoHHW Program. 28. 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 incUlTed by a party shall not be shared pro rata but instead COUNTY and CITY agree
that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnjfy and hold each of the other prnties, their officers, bomd members, employees and agents,
hrnmless from any claim, expense or cost, damage or liability imposed for injury (as defmed by Govelmnent Code Section 810.8) occurring by reason of the negligent acts or omissions or
willful misconduct of the indenmifying prnty, its officers, employees or agents, under or in cOlmection with or arising out of any work, authority or jurisdiction delegated to such party
under this Agreement. No prnty, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability OCCUlTing by reason of the negligent acts or
omissions or willful misconduct of the other parties hereto, their officers, bomd members, employees or agents, under or in cormection with or mising out of any work authority or jurisdiction
delegated to such other prnties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's appOltioned share of any liability incurred and attributed to the Countywide
HHW Progmm 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 propOltion of household participation in the Program. Apportionment for AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM 10
transportation and treatment liability shall be determined by each participating jurisdiction's pro rata household participation at the event where the waste was generated. 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 CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements
set forth in Section 25 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the tmnsportation,
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 subtmcted from the total liability for the household hazardous waste prior to assessing 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 wastc 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 CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Rcusers and will be subtracted from
the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. 29. TERMINATION This Agrecment may be terminated by any party upon XXX
(Elizabeth-previously it was 365 days because the agreement was three years, please advise number of days needed to terminate agreement) written notice given by XXX. 30. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2009, to June 30,2010, or until all revenue from the last qumter's Fee payments has been distributed, whichever is later. 31. EXTENSION
OF TERM This Agreement may be extended for succeeding two-year terms if COUNTY and participating jurisdictions so agree in writing. AGENCY AGREEMENT f'OR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM I I
32. INDEPENDENT CONTRACTOR Each paIty 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 paItnership or joint venture between the parties. 33. EXECUTION BY COUNTERPART This Agreement may be executed in any number of counterpaIts, each of
which shall for all purposes be deemed an original and all of which shall together constitute one and the same instmment. 34. CONTROLLING LAW This Agreement shall be governed and construed
in accordance with the laws of thc State of California. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 12
35. 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. 36. NOTICES All notices and cOlmnunications herein required shall be in writing to
the other party as follows, unless expressly changed in writing: CITY of _ Santa Clara County City Representative Representative's Title _ City Address Greg Van Wassenhove, Director
Department of Agriculture and Environmental Management 1553 Berger Drive San Jose, CA 95112 Attachments: A Projected AB939 HHW Fee Fiscal Year 2007 B Estimated HHW Program Fixed Costs
by Fiscal Year C HHW Schedule for Fiscal Year 2007 D Santa Clara County CESQG Drop-off Price List E Household Hazardous Waste Emergency Collection Plan AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 13
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: _ Liz Kniss, President Board of Supervisors Date: _ ATTEST: Maria Marinos Clerk of the Board of Supervisors APPROVED
AS TO FORM AND LEGALlTY: Elizabeth G. Pianea Deputy County Counsel "CITY" Date CITY OF _ a municipal corporation. by:. Title: Date AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM 14
03/23/2009 13:01 FAX County of Santa Clara Recycling and Waste Reduction Commission Integrated Waste Management Division 1553 BerGer Drive, Building #1 California 95112
(408) 282-3180 FAX (408) 282·3188 www.ReduceWllllle.org Recycling and Waste Reduction Commission February 25,2009 Action Item: TO: Recycling and Waste Reduction Commission FROM: Technical
Advisory Committee Attachment 2 SUBJECT: Reauthorization of and Increase to Countywide AB939 Implementation Fee RECOMMENDED ACTION Forward a favorable recommendation
to the Board of Supervisors to reauthorize the AB 939 Implementation Fee and increase it by 55 cents from the current $3.55 for a total 0[$4.10 per ton for the new Agency Aw;ement for
Countywide AB 939 Implementation Fee ($1.50 Implementation Fee plus a new $2.60 HHW Fee). The amount of 55 cents will be applied to the existing $2.05 per ton fee used to fund countywide
household hazardous waste (HHW) services, increasing the HHW total to $2.60 per ton. This revenue would fund operational increases in the HHW program, and the anticipated annual lease
cost of $53,200 at the new San Jose facility starting FY 2010. The next tenn ofthe Agency Agreement shall be July 1, 2009 -June 30, 20 I0, with options to renew for two additional one-year
terms. Or Forward a favorable recommendation to the Board ofSupervisors to reauthorize the AS 939 Implementation Fee at the current rate of$3.55 per ton for the new Agency Agreement
for Countvwide AS 939 Implementation Fee ($1.50 Implementation Fee plus a $2.05 HHW Feel. The next term of the Agency Agreement shall be July 1.2009 -June 30, 2010, with options to renew
for two additional one-year terms. FISCAL IMPLICATIONS The CUlTent Countywide AB 939 Implementation Fee is $3.55 per ton. The proposed increase of $0.55 to $4.10 per ton will generate
a total of approximately $5.4 million in revenue in FY 2010. This is based on an estimated landfill disposal of 1.33 million tons per year. Ofthis revenue, Commissioners; Jamie McLeod,
Chair; Chair; Roni' Bryant, Kans.n ebu, Peter Drekrileier, Patrick Kwok, Evan Low, Cal Tucker, Kris Wnng, Ken Yeager
03/23/2009 13:02 FAX 002/005 approximately $2.0 million ($I.50 per ton) would fund local jurisdictions' AB 939 compliance activities and $3.4 million ($2.60 per ton) would fund cOllntywide
HHWservices. Under State law, this revenue is restricted to funding only AB 939 related costs. Funding ofnon-related AB 939 activities could make the fee vulnerable to legal challenge.
lncreasing the AB939 Implementation Fee to $4.10 would fund operational increases in the HHW program, a 4% base level ofservice, and the anticipated annual lease cost of$53,200 at the
new San Jose facility, located at 1608 Las Plumas Avenue, starting FY 2010. lfthe facilitY is not ready for occupation on July 1, 2009, the additional revenues will pass-thru to the
cities' Discretionary Fund. Reauthorizing the Fee at the current level will under fund the program and place an increased burden on each city to fmd funding within their jU1'isdictions
to provide service for residents needing IlliW service. CONTRACT HISTORY Countywide AB939 Implementation Fee The County has collected the AB939 Fee on behalf of all jurisdictions within
the County since July 1992, when the initial $1.00 per ton fee was established. The Board and local cities approved increases to $1.15 in FY 1994, to UJO in FY 1996, to $2.80 in FY 2000,
to $3.35 per ton in FY 2003 through FY 2006. In FY 2007 the Fee was increased to $3.72 to support anticipated increases in volumes ofUniversal Waste (UW) (i.e.: fluorescent lamps and
bulbs and batteries). The Fee was reduced to $3.55 forfY 2008 and FY 2009 to reflect the cost for actual collection volumes ofUW. Because the County collects the AB939 Fee on 15ehalfof
other jurisdictions, each jurisdiction contracts with the County for collection and distribution ofthese funds. All fifteen cities must approve an Amendment to the Agency Agreement for
Countywide AB939 Implementation Fee by July I, 2007. If one or more jurisdictions do not approve this amendment, the AB939 Fee will not be collected. effective July I, 2009. BACKGROUND
The AJ3 939 Implementation Fee was first used for HHW services effective July I, 2000. The Fee is broken down into several components to effectively administer the countywide IlliW Program.
Those components are Fixed Cost, Variable Cost per car, and Discretionary Fund. As hazardous waste volumes increase, each city must augment with city money, the funding generated by
the AB 939 Fee to pay for rising costs. Increased Base Level Participation
03/23/200S 13:02 FAX I4i 003/005 In FY 2001 when the AB 939 Implementation Fee took effect for HHW, the cities agreed on providing service to·a minimum of3% ofhousebolds in each jurisdiction.
Over the years, patticipation increased and all cities now augment the Fee with additional funding to support the actual resident participation rate. The countywide household participation
rate in FY 2008 was 4.3%. At the January 8, 2009 TAe meeting, city representatives agreed to support an increase of the minimum base service level to 4%. This increases the households
served from 17,845 to 24,911. In order to support the cities and the County and reduce the need to augment the Fee, an adjustment to the base level participation rate is desired. Increased
Waste Volumes The Fee increase is necessary for HHW services to support the collection of increased hazardous waste volumes. As environmental issues such as pharmaceuticals in the water
and the ban of many products from landfill become more publicized in the press, the volume ofhazaroous waste managed by the HHW Program continues to rise, Universal waste (UW) products,
like fluorescent lamps and batteries, now banned from the landfills continue to sbow the highest growth patterns and increased In FY 2007/08. Table I below shows the annual increases
experienced by the Program. Unless there are further bans in the future, waste volumes should remain stable over the next three years and can be managed with the recommended Fee level.
Fortunately, Producer Responsibility is taking hold, as evidenced by the passage ofAB 2347. The Mercury Thermostat Collection Act of2008 (AB 2347) was chaptered into law, requiring manufacturers
to collect and recycle mercury-containing thermostats and advancing producer responsibility in California. In addition, alternative collection mechanisms such as Retail Take-it Back
Partners are assisting in the collection ofUW and sharps and deflecting cost away from the countywide HHW Program. As shown in Table I below, waste volumes increased significantly between
FY 2006107 and FY 2007/08, TABLE I Fiscal Year Universal waste in pounds Total HHW in pounds 2005106 119,368 2,339,000 2006107 154170 2,340000 2007/08 225,516 2,993,000 2008/09* 240,000
3.000000 201012012* 260,000 3.020,000 *Estnnated Increased Costs As a result oflncreased hazardous waste volumes, cost to manage the waste has increased as well. Since the beginniug
ofthe AB 939 Implementation Fee three-year cycle (July 1,2006), costs have increased as shown in Table 2 below.
03/23/2008 13:02 FAX TABLE 2 004/005 Deficit AB939 AB939 Tipping Compensated Fiscal Year Tipping Fee Fee Revenue for HHWcosts by City per Ton HHW Services Augmentation & Unincorporated
Surcharae 2004-2005 $1.85 $1.751.113.85 $2,160,986.72 $409,872.87 2005-2006 $1.85 $1.883,516.78 $2,348.134.82 $464,618.04 2006-2007 $2.22 $2,161,138.05 $2781,730.62 $620,592.57 2007-2008
$2.05 $2,214,533,56 $2,891,698.63 $677,165.07 *2008-2009 $2.05 $2,194,963.29 $2,900,000.00 $705,036.00 *2009-2010 $2.05 $2194963.29 $2.953.200.00 $758,236.71 *The HHW revenue from Tipping
fee and cost are estimates. The HHW cost in FY 09-10 includes a lease cost of $53,200 for the new San Jose HHW facility. I "2009-2010 I $2.60 I $2,648,326.00 I $2,953,200.00 I $304,874.00
I "The HHW revenue from Tipping fee is based on a $ 0.55 per ton increase and a 4% base level of service. Tonnage is estimated at 1.33 millipn tons per year. The goal ofthe increase
is to reduoe the deficit compensated by city and County al.\gmentations above and beyond the funding gem:rated by the AB 939 Implementation Fee. This increase of $0.55 per ton to fund
increased waste volumes, a 4% base level of service, and an annual lease cost at the new San Jose HEW drop-off facility will adequately fund Fiscal Years 2010 through 2012. With the
anticipation of the new San Jose HHW drop-off facility opening in fiscal year 20092010, approximately $0.04 per ton ofthe $0.55 per ton will be required to support leasing and maintenance
costs for fue site. Fair market leasing costs for use ofthe exterior paved areas, and associated maintenance and security costs for the site, have been estimated at $53,200 annually.
As the operational area for the HHW drop-off activities will span nearly 27,000 square feet of the exterior paved lot, the annual fair market rental cost is estimated at $32,400, at
$1.20 per year per square foot. The remaining $20,800 will be used to fund fue activities of the on-site City maintenance staff and site maintenance operations, the equivalent of20%
ofa City senior maintenance worker, which can be equated to the $2 per vehicle "impact fee" as provided to the City of Sunnyvale for the annual lease ofthe HHW drop-off facility. The
annual $53,200 cosl can be funded by increasing the AB 939 Implementation Fee by an additional $0.04 per ton (based on the estimated landfill disposal of 1.33 million tons per year).
Inoreasing the AB 939 Implementation Fee will ensure a consistent and dependable funding source to support this annual, recurring lease expense.
03/23/2009 13:03 FAX I4i 005/005 Currently, the Sunnyvale HH:W drop-off facility is open for collection services on the third Saturday of each month, in which the COUllty is subject
to annual lease costs estimated at $25,000 ($4,855 for space rental and $20,070 for vehicle impacts calculated at $2 per vehicle) for use of approximately 13,000 square feet on site.
In comparison, the San Jose HHW drop-off facility will provide nearly 27,000 square feet of exterior operational space, as well as paved parking areas for County staff and paved surfaces
for residential traffic. This facility is scheduled to be open for colleotions eight days per month, ofwhioh four days will be dedicated to residential drop-offs, and four days will
be dedicated to Conditionally Exempt Small Quantity Generators (CESQG). An on-site City senior maintenance worker will manage maintenance issues that may arise from use ofthe site and
security issues required under the CEQA Initial Study. The funding increase per ton shall be integrated into the Agency Agreement, with an initial term from July 1, 2009 -June 30, 2010,
including options to renew the Agreement for two additional one-year terms. San Jose is requesting year-to-year agency agreements in order to accommodate antioipated Countywide HHW program
and funding ohanges associated with the opening of the permanent indoor HHW faoility at Las Plumas (phase Two). Program and cost impaot discussions are anticipated to begin at TAC in
the 2009·2010 fiscal year. This second phase of the facility has been publioly detailed in the Master Plan ofthe project, in which the majority of the HHW collection activities would
be performed inside the Las Plumas warehouse space. With an anticipated opening of the second phase ofthe site in 2010 -2011, additional lease payments will be requested for use of the
interior warehouse areas. Separate lease agreements would be developed between the City ofSan Jose and the County for the first and second phases ofthe San Jose H:H:W faciJity_ San Jose
continues to aggressively research and pursue available assistance programs to support the funding for both phases ofthe San Jose H:HW drop-off facility. Annually, San Jose reinvests
AB 939 Discretionary Fund refunds intlJ the capital appropriation for the Las Plumas site. San Jose also submitted for, and was awarded, a grant in the amount of$250,OOO from the California
Integrated Waste Management Board to assist in the construction ofthe first phase of the faoility. Other funding sources being actively sought include the submittal for National Economic
Stimulus funds and grant opportunities With the California State Water Resources Board. San Jose has also already identified more than $3.5 million of City funding to support the Las
Plumas project. CONSEQUENCES OF NEGATIVE ACTION lithe Board does not support the R.ecommended Action, the AB 939 lmplementation Fee will no longer be collected. COMMISSION ACTION AND
NEXT STEPS The Commission's recommendation Will be forwarded to the cities and the Board for action. Following cities' approval, County staff will send the fee agreements, to the Board
for action. If the Board and all the cities approve the amendment; the fee will continue to be collected through June 30, 2010.