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
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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
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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