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2006-058-Authorizing The Town Manager To Execute The Agency Agreement For Countywide Ab939 Implementation Fee And The Agency Agreement For Countywide Household Hazardous Waste Collection ProgramRESOLUTION 2006 - 058 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 2007 THROUGH 2009 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 California Integrated Waste Management Act of 1989 (AB 939) and subsequent legislation; and WHEREAS, pursuant to Public Resources Code Section 41901, each jurisdiction must approve the collection of the Fee, such approval to be indicated by execution of the Agency Agreement for Countywide AB 939 Implementation Fee; and WHEREAS, the Town of Los Gatos wishes to approve the collection of the Fee for FY 2007 through 2009; and WHEREAS., the Town of Los Gatos wishes to provide a safe, convenient, and economical means for its residents to dispose of household hazardous wastes. RESOLVED, the Town Manager is authorized to execute: 1. The Agency Agreement for Countywide A$ 939 Implementation Fee (Exhibit A); and 2. The Agency Agreement for Countywide Household Hazardous Waste Collection Program (Exhibit B); and 1 3. Future amendments to both 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, 2006 by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Joe Pirzynslci, Barbara .Spector, Mike Wasserman, Mayor Diane McNutt. NAYS: None ABSENT: None ABSTAIN: None SIGNED: ~ lvvuiPr ~~"""° MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CL RK OF TI E 'TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 Exhibit A AGENCY AGREEMENT FOR C®UNTYWIDE AD939 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 2006. 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 AB939 Implementation Fee (Fee) is necessary, pursuanf 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 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; 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 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 AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 subsequently be billed in the same fashion subject to the same penalties as mentioned 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 B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landhll 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 iJSE OF FEE Each ton of waste will be subject to the Fee, Best efforts will be made to prevent tonnage from being assessed a double fee (once at anon-disposal facility and again at a landfill within Santa Clara County). The Program Fee funding 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, 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. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 12. EFFECTIVE DATE OF AGREEMENT This agreement takes effect only upon approval by all fifteen cities and the COUNTY. 13. AMENDMENT This Agreement maybe 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 a partnership or joint venture between the parties. 15. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2006 to August 31, 2009, 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, 2007. Said landfills and non-disposal facilities will be billed for the Fee through June 30, 2009. 16. EXTENSION OF TERM This Agreement maybe extended in three-year extensions upon written agreement of COUNTY and all 15 CITIES. 17. NOTICES All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section. City of Contact: Title: Address: AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 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, apolitical subdivision of the State of California By: James T. Beall, Jr., Chair Board of Supervisors Date: ATTEST: Phyllis A. Perez Clerk of the Board of Supervisors Date: AP ROVED AS TO FORM AND LEGALITY: r ~ ~. Kathy Kretchme Date ~ ~~,. ~ ~~ ~~'~~ a Deputy County Counsel "CITY" CITY OF a municipal corporation. by: Title: Date AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 EXI-II~IT B FORMULA FOIL DISTRI~UTI01~1 OF AB939 PIZOGIBAlVI FEE Each jurisdiction located in Santa Clara County will receive $1.50 per ton of solid waste disposed of in landfills or taken to non-disposal 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 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 IMPLEMENTATION FEE FY 2007 9 2. FIXED FROGRAIVI 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 $1.68, $1.73, and $1.77 per household for fiscal years 2007 through 2009 respectively. Fixed Program Costs may include, but are not limited to six (6) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, program publicity, training costs, equipment and facility maintenance, and union negotiated salary and benefit increases. 3. 'ABANDONED WASTE DISPOSAL COST The existing unexpended abandoned waste fund balance of $210,000 will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations for FY 2007 through FY 2009. The $.12 per household Abandoned Waste Disposal apportionment for Fiscal Year 2007 will be redirected to the Facility Closure Cost Account. This portion of the funds shall be distributed directly to the 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. The apportionment for Fiscal Years 2008 to 2009 will be suspended, and funding will be redirected to the City Discretionary Fund. 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 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. FACILITY CLO5Y1ItE COST The Facility Closure Costs are costs associated with the closing of the three HHW facilities when the time comes and is required byPermit-by Rule Regulations. During the first three years of the AB939 Implementation Fee for HHW services, $20,000 per year was set aside to pay for facility closure. The current closure account has $60,000. It is anticipated that the San Jose Facility will close in FY 2007 and will cost approximately $50,000 leaving $10,000 in the Facility Closure Account. The estimated cost to close the remaining two facilities, when the time comes, is $80,000 ($50,000 for the Sunnyvale facility and $30,000 for the San Martin facility). The FY 2007 apportionment ($70,000) for abandoned waste disposal will be redirected to the Facility Closure Account maintained by Countywide HHW Program to satisfy Permit- by-Rule requirements. This portion of the funds shall be distributed directly to the Countywide HHW Program. This would be a one-time cost from the AB939 Implementation Fee funding. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 11 defined in Section 2S of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM and as described in Exhibit D. AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2007 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 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 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 2007 15 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 RECITALS .2006. 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 hazardous wastes, regardless of the specific location at which the collection has been scheduled; and WHEREAS, the participating 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 garbage, sanitary sewer, 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 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 participating jurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2007 through FY 2009 (July 1, 2006 -June 30, 2009); and WHEREAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 3% of the households per fiscal year in each participating jurisdiction; and WHEREAS, the County Board of Supervisors has approved a Countywide AB939 Household Hazardous Waste Fee (AB939 HHW Fee), as authorized by Public Resources Code 41901, to be collected at $2.22 in FY 2007 and $1.85 in FY 2008 and FY 2009 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 AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM time comes. The $.12 per household Abandoned Waste Disposal apportionment for Fiscal Year 2007 will beredirected to this account to satisfy Permit By Rule requirements [California Code of Regulations, Title 22, sections 67450.25 (a) (2) (E) and 66265.110-66265.115]. D. Variable Cost Per Car to provide a base level service to 3% of households in all participating jurisdictions. E. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. The projected Fiscal Year 2007 AB939 HHW Fee funding allocation by jurisdiction is set out in Attachment A. 3. FIXED PROGRAM COST Fixed Program Costs shall be $1.68, $1.73, and $1.77 per household per jurisdiction for Fiscal Years 2007, 2008 and 2009 respectively. Estimated HHW Fixed Costs by Fiscal Year are projected for Fiscal Years 2007 through 2009 in Attachment B. Fixed Program Costs may include, but are not limited to six (6) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, program publicity, 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 $210,000 will fund the next three fiscal years (FY 2007 to 2009) of disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations defined in PUBLIC RESOURCES CODE SECTION 41904. The FY 2007 apportionment ($0.12 per household or $70,000) will be redirected to the Facility Closure Account. The $0.12 per household apportionment for Fiscal Years 2008 and 2009 ($70,000 each year) will be suspended. Funding will be redirected to the City Discretionary Fund. 5. FACILITY CLOSURE COST The Facility Closure Costs are costs associated with the closing of the three facilities when the time comes and is required by Permit By Rule Regulations. During the first three years of the AB939 Implementation Fee for HHW, $20,000 per year was set aside to pay for facility closure. The current closure account has $60,000. it is anticipated that the San Jose Facility will close in FY 2007 and will cost approximately $50,000 leaving $10,000 in the Facility Closure Account. The estimated cost to close the remaining two facilities when the time comes is $80,000 ($50,000 for the Sunnyvale facility and $30,000 for the San Martin facility). The FY 2007 apportionment ($70,000) for abandoned waste disposal will be redirected to the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM • 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 participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. • Public education .material distribution. CITY public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to the following activities: • Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication. • Adapting and distributing the media relations materials developed by the CoHHW Program to local 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 3% goal of household participation. 10. DELEGATION OE AUTHORITY 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. 11. 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 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. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM to-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 $ 3 9 , 0 0 0 to the Countywide HHW Program during Fiscal Year 2007 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 $76.00 per car. Fiscal Years 2008 and 2009 funding augmentations shall be agreed upon in writing by the Director of the Department of Agriculture and Environmental Management and the designated CITY representative. Other services will be charged on a cost recovery basis. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take 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. 19. INFORMATION AND APPOINTlO~IENT LINE COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 8:30 a.rn. to 4:30 p.m. The information service will register residents for the Temporary HHW Events and CoHHWCF and provide information about hazardous household materials. CITY will be notified when indicated resident participation approaches the 3% base level of service. 20. SCHEDULING AND SITE SELECTION COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some of the jurisdictions participating in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2007 of Temporary .Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 3% level of service in each participating jurisdiction. 21. 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. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 22. 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 on 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. 23. Ell~IERGENCY 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 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 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 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 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 thirty 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 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 2g of this agreement. Summary information AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION 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 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 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 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 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 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. 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. 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 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 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 AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 11 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 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 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 O N L d ~" V N LL ^~ W :~ M M '~ °O .a V .~ 8. ~C V ~+ t0 le CO O r r " to O 00 d' N ~ O O r I` M' Op c9 00 O o0 td ) N N ~ O r f~ f~ I~ In O DO ' O) ~t c0 o o0 = M h d I~ ln - M aO O N N ~F ~ O'C d' C~ r (~j ~ r CO (V (V ~ O r (f) 00 0d ln O ~+ ~ C r EA CO EA (f} r 1` ffl N `- In f~ N b9 69 (fl r + ~ Ef? 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C .. ~ E . ~ ti O N L t0 V Q LL ATTACHMENT C HHW SCHEDULE FOR FISCAL YEAR 2006/2007 2006/Month Day Date Location ype o vent County Holidays/ Notes July Saturday 1 NO EVENT NO EVENT FOURTH OF JULY Frida. 7 SAN JOSE PERMANENT Saturda 8 SAN JOSE PERMANENT Saturda 15 SUNNYVALE PERMANENT Saturday 22 NO EVENT NO EVENT Frida 28 SAN JOSE PERMANENT Saturda. 29 SAN JOSE PERMANENT August Friday 4 SAN MARTIN PERMANENT Saturda 5 SAN MARTIN PERMANENT Frida. 11 SAN JOSE- PERMANENT Saturda 12 SAN JOSE PERMANENT Saturda 19 SUNNYVALE PERMANENT Saturday 26 CUPERTINO TEMP®RARY September Saturday 2 NO EVENT NO EVENT SEPT 4/LABOR DAY Frida 8 SAN JOSE PERMANENT ' Saturda 9 SAN JOSE PERMANENT Saturda. 16 SUNNYVALE PERMANENT Saturda 23 SAN7"A CLARA TEMP®RARY Frida 29 SAN JOSE PERMANENT Saturday 30 SAN JOSE PERMANENT October Friday 6 SAN MARTIN PERMANENT Saturda 7 SAN MARTIN PERMANENT Frida 13 SAN JOSE PERMANENT Saturday 14 SAN JOSE PERMANENT Saturda 21 SUNNYVALE PERMANENT Frida 27 SAN JOSE PERMANENT Saturday 28 SAN JOSE PERMANENT November Friday 3 SAN JOSE PERMANENT Saturda 4 SAN JOSE PERMANENT Saturday 11 NO EVENT NO EVENT NOV 10NETERANS DAY Saturda 18 SUNNYVALE PERMANENT Saturday 25 NO EVENT NO EVENT 23 & 24/THANKSGIVING December Friday 1 SAN MARTIN PERMANENT Saturda 2 SAN MARTIN PERMANENT Frida 8 SAN JOSE PERMANENT Saturda 9 SAN JOSE PERMANENT Frida 15 SAN JOSE PERMANENT Saturda 16 SAN JOSE PERMANENT Saturday 23 NO EVENT NO EVENT DEC 25/CHRISTMAS Saturday 30 NO EVENT NO EVENT JAN 1/NEW YEARS 2007/Jan Friday 5 SAN MARTIN PERMANENT Saturday 6 SAN MARTIN PERMANENT Frida. 12 SAN JOSE PERMANENT Saturda 13 SAN JOSE PERMANENT Saturda 20 SUNNYVALE PERMANENT Saturday 27 NO EVENT NO EVENT J NW ldv LL U w }U I-- Z J Q Z c as E .C V Q ® w ~ o ~ o ~ ~ ~ ~ ~ w ~ 0 ~ 0 00cn- W Z Z O 0 ~ 0 ~r W W W Z Z Z Z Z Z O O O ~- ~ o o ~~~ w Z Z ~ O ~ W W Z Z Z Z O O o o ~~ W Z Z 0 u, ~ w Q Z 0 ti ~ ~ 0 d 'on. ~~ J ~: Q m ~ W W Z ® Q ~ N °~ w ~ ~ ~ ~ 'o ~ w ~ > W ~ w w cwn o o ~ 0 0 ~ z _ Q a (n (~ J -~ o ? 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I- ~- ~ ~ ~ a ~ Q ,~ z ~, J > Q a U ® Q } - f- LL Q IL j W (n ~ J IL O W Q J ~ Z C7 ~_ O . w O a -~ f- O .~ O I- ~ ~ ~ ^ Z ~ W Z U Z Z ~ ~ ~ Z W Z W m cn n. ~ O WO W J J O w O ~ O > w Uj p J ~C z w ^, p ~ J Q, d cii w Q Q ~ C7 ^ ~.._, ^ o u. ~ ti Z ~ Q U Q Q w w z • ~ vi ~ O z ~ cn O ^ O Z X m ~ Z m 0 ~ ~ ^ w Z a o ~ ~ w o w w u- ^ ~ O O ~ ~ w w C7 a U } . .., w ~ O z Q U ~ ~ Ip W 0 C7 Q O V Q Q W X Q Z } N ® ~ J a Q a o J ~ ^ ~ ~ o = ® a ~ ~ ~ = U O U U F- w o O ® d V U Z V ~ ~ V ~ ® Q a J U ~ ~ ~ J a ~ ~ ~ a ~ ~ a o p ~ O ~ > Q ~ ~ a J ® Z ~ (n d U C~ C'~ ~ U LLI (~ O j ~ a ~ F- J W W (q ~ W Z w G ® Z ~ ~ J (n ~ C7 Z W u U O LLI ^ Q Q= Q U m ~ N 0 ~ W ~ W ~ ~ ~ ~ ~ O ~ ~ ^ ~ m w ~ ~ (n = W p Z W W W ~ Z d w C^1 w ~ 2 O W = ~ _ _ ~ O ~ ^ = Y I° ~ _ X ~ ~ U w ~ m w d U e, ^ ~• J Q `L U n= ~ ~ U Q U w ^ w • ~ m ^ -~ ~ U Q Z W ^ C7 O U Q 2 ~ J N W W ¢- ~ ~ J J Z J ~ Q w (q W w ^ [~ W ~ "~ J pp Q O ~ ~ W ~- U Z J V V.. O O = Q Z Q w W ~ O ~ m ~ o m0 ~ 0 W ~ ~ m ~ w a ~ U ~ ~ W p ~ Id- a ~ ~ 1-- ~ ~ ~ f-- ~ m X ~ ~ ~ ~ = J J Z = Y Z m ^ ~ I- w Z Z 0 O w a -w- ~ ~ O ~ Z ¢ U U ~ w O w g O o ° O ^ ? O ~ -i O J ~ Q 0 ~ _., f w d Z O a a a ~ ~ a O U d U c~ U ~ ~. a U a ~. ~ ~ ~ ~ _ z ~ ~ ° = J ^ o 0 0 0 = ~ J ~ U Q O ® H U ~ ~ m I.L 'S ~ li ,'S > QJ W 0 M OS N 0 J Q U Z O F w a 0 0 .- 0 O a w U ~. Attachment E HOUSEHOLD HAZARDOUS 'WASTE Ell~IERGEI\1CY COLLECTION PLAIoT 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 describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) 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 .illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster, and cleanup process by the City HHW Coordinators is essential. 3. Public Information/Noti~ication: 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 (DTSC) 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 DTSC through their expedited approval process. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM The County agrees to provide the-City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs. Services to businesses will be provided on a cost recovery basis and according to Attachment D of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. 7. State and Federal Assistance and Funds It is the city's responsibility to pursue reimbursement from State or Federal agencies. State Office of Emergency Services (OESj The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State 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 Emergenc~anagement S st~_(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 maybe available through the State OES. Funding and assistance maybe available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures and wording of requests for assistance. 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. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 3 EBner~ency Planning C®ntacts and Pere®nnel Primary County Contact: County of Santa Clara Department of Environmental Health Household Hazardous Waste Program Rob D'Arcy Hazardous Materials Program Manager 408-915-1967 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. Information and Public Affairs 2800 Meadowview Road Sacramento, CA 95832 916/262-1843 916/262-1841 (voice/TDD) OES -Coastal Region 1300 Clay Street, Suite 400 Oakland, CA 94612 510/286-0895 510/286-0877 (voice/TDD) CIIEIVI'TREC 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 COLLECTION PROGRAM