2003-079- Authorizing The Town Manager To Execute The Agency Agreement For Countrywide Ab939 Implement Fee And The Agency Agreement For Countywide Household Hazardous Waste Collection Program For Fy 2004 Through 2006RESOLUTION 2003 - 79
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 2004 THROUGH 2006
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 2004 through 2006; 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 AB 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 16 th day of June, 2003 by the following
vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED. '
AYO OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
—/2/ta"L� - —N
CLERK OF THE TOWN OF LO "ATO
LOS GATOS, CALIFORNIA
2
OFFICE OF THE TOWN CLERK
AGR D3. 09� 7
AGENCY AGREEMENT FOR cour4;VVwiDF
HOUSEHOLD HAZARDOUS WARVE
COLLECTION PROGRAMREC
This Agreement is made by and between the
RESO
or Participating Jurisdiction) and the County of Santa Clara (COUNTY) on the
'day of 2003.
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
hazardous wastes, regardless of the specific location at which an event has been
scheduled; and
WHEREAS, the participating jurisdictions desire to provide residents with convenient
opportunities to safely dispose of their household hazardous waste (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 and car batteries. Residents of the CITY listed
above will be eligible to bring household hazardous wastes to any household
hazardous waste collection event where these wastes will be accepted for proper
disposal as described below; and
WHEREAS, the participating jurisdictions desire to schedule Household Hazardous
Waste Collection Events (Events) for residents for FY'2004 through FY'2006 (July 1,
2003 - June 30, 2006); 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 Household
Hazardous Waste Fee (HHW Fee), as authorized by Public Resources Code 41901, to
be collected at $1.85 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 Santa Clara County.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
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 into 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 HHW Fee, of $1.85 per ton, collected
as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB 939
IMPLEMENTATION FEE will be the primary source of funding for CoHHW
Program services.
Funds derived from the 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
each participating jurisdiction. The number of households will be determined at
the beginning of each Fiscal Year by statistics compiled by the Department of
Finance, Demographic Research Unit in its most recent Report E -1, "Population
Estimates for California Cities and Counties."
B. Abandoned Waste Disposal Cost will be apportioned based on the number of
households in all cities and towns in Santa Clara County and in the
unincorporated area of the County.
C. Variable Cost Per Car to provide a base level service to 3% of households in all
participating jurisdictions.
D. Available Discretionary Funding funded on tonnage generated per participating
jurisdiction.
The projected HHW Fee funding allocation by jurisdiction is set out in Attachment A.
3. FIXED PROGRAM COST
Fixed Program Costs shall be $1.22, $1.27 and $1.32 per household per jurisdiction
for fiscal years 2004, 2005 and 2006 respectively. Fixed Costs are projected for
Fiscal Year 2004 through 2006 in Attachment B. Fixed Program Costs may include,
but are not limited to five (5) 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.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 1 2
4. ABANDONED WASTE DISPOSAL COST
Abandoned Waste Disposal Costs will be $0.12 per household for all households in
the cities and towns of Santa Clara County and in the unincorporated area of the
County. The Abandoned Waste Disposal Cost will fund disposal of HHW illegally
abandoned at Nonprofit Charitable Reuser organizations defined in PUBLIC
RESOURCES CODE SECTION 41904.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County Household
Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The
Variable Cost Per Car is estimated to be approximately $60 per car for Fiscal Year
2003. The estimated cost per car will be adjusted annually to reflect actual service
costs. After Fixed Program Costs and Abandoned Waste Disposal Costs are allocated
on a per household basis, the Variable Cost Per Car will be used to calculate the costs
to service 3% of households across all participating jurisdictions. If the level of 3%
of households is not reached in a particular jurisdiction, the CoHHW Program will
use the remaining balance of funds, in cooperation with the CITY that has less than
3% participation levels, to increase public outreach and/or provide additional services
in that jurisdiction the following year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of
waste generated within each jurisdiction, and after allocation of Fixed Program Costs,
Abandoned Waste Disposal Costs, and Variable Per Car Costs. 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 are not limited to, increasing the number of residents served
in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil
collection, emergency HHW services, funding HHW public education, or providing
special programs such as door -to -door collection of HHW for the elderly and/or
persons with disabilities.
7. ADMINISTRATION AND PAYMENT OF HHW FEE
The Santa Clara County Integrated Waste Management Program (IWMP) will
administer the HHW Fee, as part of the existing landfill billing system.
Administration and payment will be made in accordance with the AGENCY
AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
8. PROGRAM PUBLICITY
The CoHHW Program shall have responsibility for developing and coordinating
countywide awareness of HHW and Oil Recycling Programs. CoHHW Program
public awareness responsibilities shall include, but not limited, to the following
activities:
• Serving as the formal contact to the major media.
• Providing participating jurisdictions with educational materials developed
for the CoHHW Program.
• Promoting oil and oil filter recycling by developing, purchasing, and
distributing educational materials, media relations materials, basic art
work and camera ready advertising materials for distribution countywide
and for use by jurisdictions.
• Representing the program through educational presentations for schools
and businesses and attendance at community events such as local 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 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.
9. DELEGATION OF AUTHORITY
The Board of Supervisors delegates all CoHHW Program management to the
Department of Environmental Health. The Director of the Department of
Environmental Health has the authority to execute all vendor contracts necessary to
operate the program, to execute any necessary license agreements, to add additional
services provided on a cost recovery basis and to terminate any contracts as
warranted. All contracts /agreements /amendments shall first be approved by County
Counsel.
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
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
shall provide or contract for the services of properly trained, qualified personnel and
hazardous waste haulers, and shall provide or secure suitable equipment and supplies
to properly receive, package, label, haul, recycle and dispose of the household
hazardous wastes collected at Events.
11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at 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 necessary permits and licenses required for the CoHHWCF and shall
provide or contract for services, equipment, and supplies to properly receive,
package, label, haul, recycle and dispose of wastes collected. The CoHHW Program
will schedule an adequate number of collection days to provide service to 3% of
households in each participating jurisdiction.
The CoHHWCFs are located at:
♦ Sunnyvale Recycling Center, 164 Carl Road., Sunnyvale
♦ Tenth Street Center, 160010th Street, San Jose
♦ San Martin, 13055 Murphy Avenue
12. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM
COUNTY will provide services to accept hazardous waste from Conditionally
Exempt Small Quantity Generators (CESQG). A CESQG is defined by federal
regulation as a business that generates less than 100 Kilograms (220 lbs.) of
hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month.
Eligible businesses within the County will be allowed to bring their hazardous waste
to CESQG collection events, which will be scheduled at the CoHHWCF. This
program will not be subsidized by participating jurisdictions. Services to businesses
will be provided on a cost recovery basis, which will include program administration,
on -site collection, transportation, and disposal costs. COUNTY will assume
responsibility for collecting fees from participating businesses. See Attachment D,
titled Santa Clara County CESQG Drop -off Price List. 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 government
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
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
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).
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 of
division of the charitable organization. A Nonprofit Charitable Reuser is further
defined as an organization that reuses and recycles donated material and receives
more then 50% of its revenues from the handling and sale of those donated goods or
materials. In order to qualify as a Nonprofit Charitable Reuser, the business must
submit to the Director of Environmental Health a request to be so designated. The
Director shall review the request and supporting documentation and shall make a final
decision on the designation. COUNTY will accept abandoned HHW from Nonprofit
Charitable Reusers and will waive disposal fees on the cost of disposal of the
abandoned HHW in an annual amount not to exceed funds available from the
Abandoned Waste Disposal Cost funding generated by the AGENCY AGREEMENT
FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE (Fee). Funding for
disposal available to 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 collected through the Fee in any one fiscal
year, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall
be charged for disposal of abandoned HHW according to the CoHHW Program's
published rates for CESQGs. No 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 defined in
Health and Safety Code Section 25218.1(e) or as later amended, and include, but are not
limited to, automotive fluids, automotive and other types of batteries, latex and oil paint,
oil filters, garden chemicals, household cleaners, pool chemicals and other common
hazardous consumer products.
16. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These
include, but are not limited to, compressed gas cylinders larger than 5 gallons,
radioactive materials, and explosives. Other wastes not accepted by the CoHHW
Program are wastes generated as part of operating a business, including a home
operated business, except that waste from CESQGs as provided for in Section 12
above shall be accepted.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
17. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY may elect to augment funding provided for in this Agreement with CITY funds.
Additional services shall be made available upon written agreement between the
CITY's authorized representative and the Director of the Department of
Environmental Health. Additional services may include, but are not limited to,
additional appointments (charged at the variable cost per car rate), Door -to -Door
HHW Collection, Used Oil Filter Collection and Abandoned Waste Collection.'
CITY agrees to augment up to an additional $ to the Countywide HHW
Program during Fiscal Year 2004 for the purpose of increased resident participation
above the 3 % service level at the scheduled collection dates listed in Attachment C.
Augmentation will be calculated at the Variable Cost Per Car rate which is estimated
at $60.00 per car. Fiscal Year 2005 and FY 2006 funding augmentations shall be
agreed upon in writing by the Director of the Department of Environmental Health
and the designated CITY representative. Other services will be charged on a cost
recovery basis.
If CITY elects to augment funding, COUNTY will bill CITY, at the end of each fiscal
quarter for additional resident participation above the 3% service level. Payment is
due within 30 days of the invoice date. At the end of each fiscal year, a final annual
cost statement shall be prepared by COUNTY and issued to CITY by November 15.
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.
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 CoHHWCF and provide
information about hazardous household materials. CITY will be notified when
indicated resident participation approaches the 3% base level of service.
19. SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of the 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 schedule of Temporary HHW 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.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
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. R
21. REGIONAL GRANT PARTICIPATION
The CoHHW Program is hereby given permission by all participating jurisdictions to
apply for future grants from the California Integrated Waste Management Board
which are available under the California Oil Recycling Enhancement Act of 1991 and
all Household Hazardous Waste grants under the California Integrated Waste
Management Act. The Countywide HHW Program will act in behalf of all
participating jurisdictions, as the lead applicant and grant administrator, and will use
the grant funds for the development of a Countywide HHW Program. The CoHHW
Program will oversee how the moneys are used and work in cooperation with CITY
as to how the funds will be spent. Nothing in this section shall preclude a
participating jurisdiction from applying for grant funds in any case where the
CoHHW Program does not apply.
22. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with
convenient emergency opportunities to safely dispose of their HHW in the event of a
disaster. The purpose of this emergency planning for HHW is to minimize potential
public health and safety impacts, as well as to minimize costs and confusion.
Attachment E will provide clarification to local jurisdictions about delegation of
CITY and COUNTY responsibilities for the collection of household hazardous wastes
in response to an emergency. CITY shall make good faith efforts to provide the
public with information related to the problems associated with HHW. Upon the
decision to hold an emergency collection event, it is 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.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
23. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW
Collection Events for corporate employees and residents of participating jurisdictions.
The transportation., treatment and disposal liability for nonresident employee
participation in these events shall be shared by all participating jurisdictions and the
COUNTY, as described in Section 27 of this agreement. Summary information'
concerning these corporate sponsored events will be included in the CoHHW
Program's annual report to the participating jurisdictions.
24. INSURANCE CERTIFICATES
Contractors who provide hazardous waste transportation, treatment, or disposal
services shall have insurance with the following minimum limits: General
Comprehensive - $1 million per occurrence, $2 million aggregate; Auto -$1 million;
workers compensation -- statutory limits established by law; and environmental
impairment liability -$1 million per occurrence, $2 million aggregate. Other
contractors shall have insurance in amounts to be determined by COUNTY Insurance
Manager, after consultation with CITY. COUNTY shall obtain insurance certificates
from each of the contractors prior to the contractor providing service to the program.
All insurance certificates shall name CITY, its officers and employees as additional
insured.
25. WASTE TRACKING AND REPORTING
Within 30 days following the end of each quarter, COUNTY will provide a report to
CITY regarding participation rates from each participating jurisdiction. Midyear and
year end reports will outline the types and quantities of waste collected, the amount of
waste diverted for reuse or recycling and the waste management method for each
waste stream and associated costs for transportation and disposal. COUNTY will
prepare a report summarizing program activities which were delivered to the
participating jurisdictions no later than six months after the end of COUNTY's fiscal
year.
It will be assumed for cost and reporting purposes that each participating jurisdiction
is contributing to the waste stream in proportion to the number of its residents who
directly participate. For purposes of any potential disposal liability, each
participating jurisdiction shall be deemed a discharger of only its pro rata proportion
of household participation in the Program. For example, if the program served 1,000
vehicles from the City of Milpitas and 10,000 vehicles total from all participating
jurisdictions, the pro rata portion of household participation from Milpitas would be
ten percent. See also Section 27.
COUNTY shall take steps to assure that the quarterly statements to jurisdictions
reflect the funds necessary to cover costs for CITY participation in services scheduled
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
during the next quarter. COUNTY will make every effort to keep the Variable Cost
Per Car at approximately $60.
26. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all
participants in the CoHHW Program.
27. HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the
parties agree that all losses or liabilities incurred by a party shall not be shared pro rata
but instead COUNTY and CITY agree that 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 24 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
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10
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
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.
28. TERMINATION
This Agreement may be terminated by any party upon one -year (365 days) written
notice given by the anniversary date of each contract year.
29. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2003, to June 30, 2006, or until all
revenue from the last quarter's Fee payments has been distributed, whichever is later.
30. EXTENSION OF TERM
This Agreement may be extended for succeeding three -year terms if COUNTY and
participating jurisdictions so agree in writing.
31. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an
independent contractor and not as an officer, agent, servant or employee of any of the
parties hereto. Each party shall be solely responsible for the acts and omissions of its
officers, agents, employee, contractors and subcontractors, if any. Nothing herein
shall be considered as creating a partnership or joint venture between the parties.
32. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall
for all purposes be deemed an original and all of which shall together constitute one
and the same instrument.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM I 1
33. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
34. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect
to the subject matter hereof. No modification of this Agreement shall be
effective unless and until modification is evidenced by writing signed by all
parities or their assigned designates.
35. NOTICES
All notices and communications herein required shall be in writing to the other party
as follows, unless expressly changed in writing:
CITY of LOS GATOS
City Representative
Representative's Title
City Address
Santa Clara County Ben Gale, Director
DEBRA FIGONE
TOWN MANAGER
P.O. BOX 949
LOS GATOS, CA 95031
Department of Environmental Health
PO Box 28070
San Jose, CA 95129
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 12
IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM on the dates as stated below:
"COUNTY"
COUNTY OF SANTA CLARA,
a political subdivision of the
State of California
By:
Blanca Alvarado, Chairperson,
Board of Supervisors
Date:
ATTEST:
Phyllis Perez, Clerk,
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
_V
Kathy Kletchmer Date
Deputy County Counsel
"CITY"
CITY OF
a municipal corporation.
APPROVED AS TO FORM:
by: ORRY KORB, TOWN ATTORNEY
Title:
Date
ATTEST:
MARIAN V. COSGROVE, TOWN CLERK
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 13
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Attachment C
HHW SCHEDULE FOR FISCAL YEAR 2004
2003 /Month
Day
Date
Location
Type of ven
County Holidays/ Notes
July
Friday
4
NO EVENT
NO EVENT
FOURTH OF JULY
Saturday
5
NO EVENT
NO EVENT
FOURTH OF JULY
Friday
11
SAN JOSE
PERMANENT
Saturday
12
SAN JOSE
PERMANENT
Saturday
19
SUNNYVALE
PERMANENT
Friday
25
SAN JOSE
PERMANENT
Saturday
26
SAN JOSE
PERMANENT
August
Friday
1
SAN MARTIN
PERMANENT
Saturday
2
SAN MARTIN
PERMANENT
Friday
8
SAN JOSE
PERMANENT
Saturday
9
SAN JOSE
PERMANENT
Saturday
16
SUNNYVALE
PERMANENT
Saturday
23
CUPERTINO
TEMPORARY
Saturday
30
NO EVENT
NO EVENT
LABOR DAY-SEPT 1
September
Friday
5
SAN MARTIN
PERMANENT
Saturday
6
SAN MARTIN
PERMANENT
Friday
12
SAN JOSE
PERMANENT
Saturday
13
SAN JOSE
PERMANENT
Saturday
20
SUNNYVALE
PERMANENT
Saturday
27
SANTA CLARA
TEMPORARY
October
Friday
3
SAN MARTIN
PERMANENT
Saturday
4
SAN MARTIN
PERMANENT
Friday
10
SAN JOSE
PERMANENT
Saturday
11
SAN JOSE
PERMANENT
Saturday
18
SUNNYVALE
PERMANENT
Saturday
25
WEST VALLEY
TEMPORARY
November
Friday
31
SAN MARTIN
PERMANENT
Saturday
1
SAN MARTIN
PERMANENT
Friday
7
SAN JOSE
PERMANENT
Saturday
8
SAN JOSE
PERMANENT
Saturday
15
SUNNYVALE
PERMANENT
Friday
21
SAN JOSE
PERMANENT
Saturday
22
SAN JOSE
PERMANENT
Saturday
29
NO EVENT
NO EVENT
27 & 28 THANKSGIVING
December
Friday
5
SAN MARTIN
PERMANENT
Saturday
6
SAN MARTIN
PERMANENT
Friday
12
SAN JOSE
PERMANENT
Saturday
13
SAN JOSE
PERMANENT
Saturday
20
SUNNYVALE
PERMANENT
Saturday
27
NO EVENT
NO EVENT
DEC 25 CHRISTMAS
2004 /Jan
Friday
2
NO EVENT
NO EVENT
JAN 1 NEW YEARS
Saturday
•3
NO EVENT
NO EVENT
Friday
9
SAN JOSE
PERMANENT
Saturday
10
SAN JOSE
PERMANENT
Saturday
17
SUNNYVALE
PERMANENT
Friday
23
SAN JOSE
PERMANENT
Saturday
24
SAN JOSE
PERMANENT
Friday
30
NO EVENT
NO EVENT
Saturday
31
NO EVENT
NO EVENT
Attachment C
HHW SCHEDULE FOR FISCAL YEAR 2003/ 2004 - continued
2004 /Month
Day
Date
Location
Type of Event
County Holidays/ Notes
February
Friday
6
SAN MARTIN
PERMANENT
Saturday
7
SAN MARTIN
PERMANENT
Friday
13
SAN JOSE
PERMANENT
Saturday
14
SAN JOSE
PERMANENT
Saturday
21
SUNNYVALE
PERMANENT
Friday
27
SAN JOSE
1PERMANENT
Saturday
28
SAN JOSE
PERMANENT
March
Friday
5
SAN MARTIN
PERMANENT
Saturday
6
SAN MARTIN
PERMANENT
Friday
1.2
SAN JOSE
PERMANENT
Saturday
13
SAN JOSE
PERMANENT
Saturday
20
SUNNYVALE
PERMANENT
MOUNTAIN VIEW
Saturday
27
MILPITAS
TEMPORARY
April
Friday
2
SAN MARTIN
PERMANENT
Saturday
3
SAN MARTIN
PERMANENT
Friday
91
SAN JOSE
PERMANENT
Saturday
10
SAN JOSE
PERMANENT
Saturday
17
SUNNYVALE
PERMANENT
Saturday
24
SANTA CLARA
TEMPORARY
May
Friday
30
SAN MARTIN
PERMANENT
Saturday
1
SAN MARTIN
PERMANENT
Friday
7
SAN JOSE
PERMANENT
Saturday
8
SAN JOSE
PERMANENT
Saturday
15
SUNNYVALE
PERMANENT
Saturday
22
ILOSALTOS
TEMPORARY
Saturday
29
NO EVENT
NO EVENT
MAY 24 MEMORIAL DAY
June
Friday
4
SAN MARTIN
PERMANENT
Saturday
5
SAN MARTIN
PERMANENT
Friday
11
SAN JOSE
PERMANENT
Saturday
12
ISAN JOSE
PERMANENT
Saturday
19
ISUNNYVALE
PERMANENT
Friday
25 ISAN
JOSE
PERMANENT
LSaturday
26 ISAN
JOSE 1PERMANENT
SUBJECT TO CHANGE
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Attachment E
HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
1: PURPOSE
The purpose of the Household Hazardous Waste Emergency plan is to minimize potential public
health and safety impacts, as well as to minimize costs and confusion during an emergency or
disaster. This Attachment will provide clarification to local jurisdictions about services the
County can provide and the responsibilities of each party for the collection of household
hazardous wastes (HHW) in response to an emergency.
Jurisdictions should contact local emergency agencies, the 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 /Notification:
Cities should be prepared to provide the public with information related to the problems
associated with HHW along with information about special collection events and
services. Upon the decision to hold an emergency collection event, it is the City's
responsibility to prepare and deliver the necessary public outreach to notify the public
of an upcoming event. A City's public outreach program should evaluate all forms of
media including: newspaper ads, posters, flyers, press releases, banners, door -to -door
notices, roadside signs, signs on dumpsters, radio public service announcements, and
television public access stations. Be aware of communities where multiple language
ads will be necessary.
4. State HHW Collection Permits
The State Department of Toxic Substances Control (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
5. Collection Events
Temporary collection events can be set -up at various sites including parking lots, city
maintenance yards, neighborhoods needing service, and at landfills or a centralized location to
service larger segments of the population. Waste collected can be transported with the HHW
Program's hazardous waste transportation vehicle. In additional, events can be scheduled at the
two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF). The
following options are available to each participating City.
• Neighborhood Drop -off Events: The County is able to provide localized service to specific
areas in need of household hazardous waste collection services. The County will work with
City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area.
After a specific event, waste will be transported by County staff or a hazardous waste
contractor to an appropriate facility.
• Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event
(Events) at various sites located in Santa Clara County throughout the year. Events will be
expanded to give priority to disaster victims when requested by the City. The County shall
obtain all necessary permits and licenses required for the events and shall provide and/or
contract for the services of properly trained personnel and hazardous waste haulers. The
County shall also provide or secure suitable equipment and supplies to properly receive,
package, label, haul, recycle and dispose of the household hazardous wastes collected at
events.
• CoHHWCF: The County operates two permitted HHW collection facilities for the collection
and storage of HHW. The County shall provide or contract for services, equipment, and
supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at
the BOP Centers.
The CoHHWCF are located at:
Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale
Tenth Street Center, 160010th Street, San Jose
San Martin, 13055 Murphy Ave, San Martin
6. Costs, Documentation and Reimbursements
Cities will be billed on a cost recovery basis commensurate with the charges specified in the
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM. Costs of emergency events will be tracked and billed separately.
Emergency funding applications pending from the State or Federal government for
reimbursements in no way relieves the City of responsibility to make timely payment to the
County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2
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 (OES)
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 Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS.
The State Department of Toxic Substances Control may have funding available
for hazardous waste response and collection.
Federal Assistance
If a state disaster area Is declared a federal disaster, then federal funding assistance
may be available through the State OES. Funding and assistance may be available
from Federal agencies such as FEMA and the U.S. EPA.
Damage estimates: The city should provide to the State OES estimates
of damages and a "scope of work requested." It is recommended that the local HHW
coordinator meet ahead of time with local emergency agencies or State OES contacts
regarding the proper procedures and wording of requests for assistance.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Funding Process: The funding process may vary depending on the unique
circumstances of the disaster. The process can either be the traditional FEMA reimbursement
process, or by direct assistance from EPA.
REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:
Guidance for local government on disaster debris management, January 1997.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
Emergency Planning Contacts and Personnel
Primary County Contact: Department of Environmental Health
Household Hazardous Waste Program
Ed Ramos
Hazardous Material Specialist
408- 299 -7300
Responsibility: Coordinate and establish proper collection and disposal methods
for household hazardous waste. Assess the need for HHW and
CESQG services in consultation with the City and other operations.
Santa Clara County
Department of Environmental Health
Hazardous Materials Compliance and Solid Waste enforcement Division
Antone Pacheco
Director
408- 918 -1958
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)
CHEMTREC Emergency number, (800) 424 -9300
Non - emergency (800) 262 -8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The
Center was developed as a resource for obtaining immediate emergency response information to
mitigate accidental chemical releases, and as a means for emergency responders to obtain
technical assistance from chemical industry product safety specialists, emergency response
coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents
involving chemicals.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
OFFICE OF THE TOWN CLERK
AGR _ 06,
IHH
AGENCY AGREEMENT FOR COUNTYWIDWD
AB 939 IMPLEMENTATION FEE REC
PESO JOD,_-� --_] �
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 2003. 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 AB 939 Implementation Fee (Fee) is necessary,.pursuant to
Public Resource Code 41901, to assist in funding the costs of preparing, adopting, and
implementing integrated waste management plans and programs in the fifteen cities and the
unincorporated area of the county; and
WHEREAS, the Fee shall be imposed on each ton of waste disposed of at landfills located
within the county or taken to non-disposal facilities located within the county and
subsequently transported for disposal to landfills located outside of Santa Clara 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 which services are necessary 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 HHW in an environmentally safe
manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer,
storm drain system, or on the ground, in a manner which creates a health or environmental
hazard. These wastes include, but are not limited to, common household products such as
household cleaning products, spot remover, furniture polish, solvents, oven cleaner,
pesticides, oil based paints, motor oil, antifreeze and car batteries; and
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 1
WHEREAS, the Recycling and Waste Reduction Commission has determined that a
Household Hazardous Waste Fee be collected as part of the AB939 Implementation Fee to
provide the necessary funding to operate the household hazardous waste programs in Santa
Clara County; and
WHEREAS, the County will collect the Fee on behalf of the fifteen cities and the
unincorporated area and will apportion the Fee according to the terms of this Agreement.
NOW, THEREFORE, CITIES and COUNTY OF SANTA CLARA AGREE AS
FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the
COUNTY will collect and distribute the Fee of $3.35 per ton of waste to be disposed. The
Fee is divided into two parts 1) 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 $1.85 per ton
to provide funding to implement the Countywide HHW Program. The Program Fee will be
allocated among jurisdictions as described in Exhibit B. The HHW Fee will be allocated to
the COUNTY, CITIES, and Countywide HHW Program and Participating Jurisdictions as
described in Exhibit C. The Fee shall be imposed on each ton of waste disposed of at
landfills located within the county or taken to non - disposal facilities located within the
county and subsequently transported for disposal to landfills located outside of Santa Clara
County. Non - disposal facilities are defined as those facilities included in the County of
Santa Clara Non - Disposal Facility Element (and subsequent amendments to that Element).
2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills
and non - disposal facilities listed in Exhibit A, and any landfill or non - disposal facility
subsequently permitted, on a quarterly basis using data from tonnage reports filed by
landfill and non - disposal facility operators with the County Integrated Waste Management
Division. The COUNTY shall require each landfill and non - disposal facility to submit
required payment, documentation of tonnages disposed, and state - mandated Disposal
Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar
quarter. Late submissions and/or payments shall be subject to a late filing penalty and
delinquent penalties. Collected funds and any late filing payments and delinquency
penalties shall be distributed to CITIES and Countywide HHW Program based on the
formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds
that COUNTY has been unable to collect from landfill or non- disposal facility operators.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted by
the COUNTY and shall report to COUNTY, with appropriate documentation, errors in
waste allocations among jurisdictions within 30 days of receipt.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the Fee at the non- disposal facility or landfill, but not
at both locations. Best efforts will be made to prevent tonnage from being assessed a
double fee (once at a non - disposal facility and again at a landfill within Santa Clara
County). The Program Fee funding share paid to CITIES shall be used to assist in funding
the costs of preparing, adopting, and implementing the integrated waste management plan
in CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall
assist in funding the costs of each city's share of HHW operations.
5. INSURANCE
Each party shall maintain its own insurance coverage, through third party insurance, self -
insurance, or a combination thereof, against any claim, expense, cost, damage, or liability
arising out of the performance of its responsibilities pursuant to this Agreement.
6. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the
parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the parties agree that pursuant to Government Code Section 895.4 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.
7. DISTRIBUTION OF FEE
COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant
to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non-
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
disposal facility payments and disposal documentation required for calculation of Fee
distribution amounts. Distributions shall begin in December 2003, and continue quarterly
through August 2006.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by
entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM. Regardless of whether CITIES enter
into the Agreement, CITIES's share of funds collected for Abandoned Waste Disposal
Costs will be paid directly to the Countywide HHW Program as described in Exhibit C.
9. LATE PAYMENTS
If Fee payments and disposal documentation are not received from landfill or non - disposal
facility operators prior to scheduled distribution of payments to CITIES and the
Countywide HHW Program, payment distribution shall be calculated on a pro rata share of
monies received. Upon collection, late payments and accrued delinquent penalties, if any,
shall be distributed among CITIES and the Countywide HHW Program according to the
formula in Exhibits B and C.
10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection and distribution of
the Fee for at least five (5) years after the termination date of this Agreement, unless
otherwise required by law to retain such records for a longer period. Such records will be
available for inspection upon written request by CITIES, and will include but not be limited
to tonnage reports submitted by landfills and non - disposal facilities, waste stream
documentation provided by cities, and payments made by the landfills and non - disposal
facilities to the COUNTY and by the COUNTY to CITIES.
11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the Fee, CITIES
may request in writing a review by COUNTY within 10 days of receipt of their Fee
allocation. The review shall be performed within 30 days of request and results shall be
reported to CITIES in writing.
12. EFFECTIVE DATE OF AGREEMENT
This agreement takes effect only upon approval by all fifteen cities and the COUNTY.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 4
County of Santa Clara
Contact: Manager, Integrated Waste Management Division
1735 N. First Street, Suite 275
San Jose, CA 95112
18. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State
of California.
19. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect.to the
subject matter hereof. No modification of this Agreement shall be effective unless and until
modification is evidenced by writing signed by all parities or their assigned designates.
20. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same
instrument.
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AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 6
13. AMENDMENT
This Agreement may be amended only by an instrument signed by all 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,
employees, 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, 2003, to August 31, 2006, 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, 2003. Said
landfills and non- disposal facilities will be billed for the Fee through June 30, 2006.
16. EXTENSION OF TERM
This Agreement may be extended in three -year extensions upon written agreement of
COUNTY and CITIES.
17. NOTICES
All notices required by this Agreement must be written and will be deemed given when
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. See Attachment F for
list of City Contacts.
City of TOWN OF LOS GATOS
Contact: DEBRA FIGONE
Title: TOWN MANAGER
Address: P.O. BOX 949, LOS GATOS CA 95031
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR
COUNTYWIDE AB 939 IMPLEMENTATION FEE on the dates as stated below:
"COUNTY"
COUNTY OF SANTA CLARA,
a political subdivision of the
State of California
By:
Donald F. Gage, Chairperson,
Board of Supervisors
Date:
ATTEST:
Phyllis Perez, Clerk,
Board of Supervisors
APPROVED TO FO ND LEGALITY:
thy Kretc er Date
Deputy County Counsel
"CITY"
CITY OF APPROVED AS TO FORM"
a municipal corporation.
by:
Title: Date
ORRY KORB, TOWN ATTORNEY
ATTEST:
MARIAN V. COSGROVE, TOWN CLERK
A(;P7\T('V A(PPPXAPI\TT POP r r)1I1\TTV\A /TT)P AR ()2Q INAPT PT\API\TTATTr)M PPP 7
EXHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Owens — Corning Fiberglas Landfill
Palo Alto Refuse Disposal Area
Zanker Road Landfill
Pacheco Pass Sanitary Landfill
NON - DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN SANTA CLARA
COUNTY
City of Palo Alto Green Composting Facility
Material Recovery Systems Facility
Newby Island Compost Facility
Zanker Materials Processing Facility
The Recyclery at Newby Island
San Martin Transfer Station
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station)
Z -Best Composting Facility
GreenWaste Recovery Facility
ComCare Farms Composting Facility
Pacheco Pass Landfill Composting Facility
Butterick Enterprises Recyclery
Premier Recycling Facility
A(:PNT(V A( RFRNAPXTT F()1? ('()ITNITVIAIMP AR 010 INAPT RNdFA1TATIOT\T PPP
EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each jurisdiction located in Santa Clara County and signatory to this agreement will
receive $1.50 per ton of solid waste generated within its jurisdiction and disposed of in
landfills or taken to non - disposal facilities located in Santa Clara County for disposal
outside of the County, as documented in quarterly reports submitted by the County to the
State Disposal Reporting System.
Fees collected from undocumented disposed tonnage, or tonnage originating outside of
Santa Clara County, will be distributed according to each jurisdiction's percent of
countywide population, according to the latest available population report issued by the
California Department of Finance.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 9
EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM HHW FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are directly mandated under A13939, which establishes statutory
authority to provide for funding to support planning and implementation of integrated
waste management programs. The HHW Fee of $1.85 per ton collected as part of the
AB939 Implementation Fee will be the primary source of HHW Program funding.
Funds derived from the HHW Fee will be allocated among four types of HHW service
costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each
participating jurisdiction. The number of households will be determined at the
beginning of each Fiscal Year by statistics compiled by the Department of Finance,
Demographic Research Unit in their most recent Report E -1, "Population Estimates for
California Cities and Counties."
B. Abandoned Waste Disposal Cost will be apportioned based on the number of
households in all cities and towns in Santa Clara County and in the unincorporated area
of the county.
C. Variable Cost Per Car to provide a base level service to 3% of households in all
jurisdictions participating in the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM (Participating
Jurisdictions).
D. Discretionary Funding will be apportioned based on tonnage generated per Participating
Jurisdiction.
2. FIXED PROGRAM COST
Funds will 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 except for
jurisdictions not participating in the program. Fixed' program costs funding will be
calculated at $1.22, $1.27, and $1.32 per household for fiscal years 2004 through 2006
respectively. Fixed program costs may include, but are not limited to 4.5 full -time
equivalent staff members, facility leasing costs, vehicle lease costs, office supplies, county
administrative overhead, training costs, equipment and facility maintenance, union
negotiated salary and benefit increases and state mandated facility closure costs.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 10
3. ABANDONED WASTE DISPOSAL COST
Funds shall be distributed on a per household basis for abandoned waste disposal at $0.17
per household. 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 abandoned
waste disposal cost portion will fund disposal of HHW illegally abandoned at nonprofit
charitable reuse organizations. For the purposes of this agreement, the PUBLIC
RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organizations
as follows:
(1) "Nonprofit charitable reuser" means a charitable organization, as defined in Section
501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division
of the charitable organization, that reuses and recycles donated goods or materials and
receives more than 50 percent of its revenues from the handling and sale of those
donated goods or materials.
4. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County HHW Collection
Facilities and Mobile Events. This portion of the funds shall be distributed directly to the
Countywide HHW Program except for jurisdictions not participating in the program. The
Variable Cost Per Car is estimated to be approximately $60 per car for Fiscal Year 2004.
The estimated cost per car will be adjusted annually to reflect actual service costs. After
fixed costs and abandoned waste costs are allocated on a per household basis, the variable
cost per car will be used to calculate the costs to service 3% of households across all
Participating Jurisdictions. If the level of 3% of households is not reached, the Countywide
HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to
increase public outreach and/or provide additional services in that jurisdiction the following
year.
5. DISCRETIONARY FUNDING
The Discretionary Funding portion will be allocated based on the tons of waste generated
within each jurisdiction and after allocation of fixed cost, abandoned waste disposal cost
and variable per car cost. Discretionary Funds will be paid as directed by each jurisdiction.
Discretionary Funds must be used for HHW purposes. Options for how to spend these
funds include, but are not limited to, increasing the number of residents served in the
jurisdiction by the Countywide HHW Program, subsidizing curbside used motor oil
collection, funding HHW public education, or providing special programs such as door -to-
door collection of HHW for the elderly and/or disabled.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 11
6. PROGRAM FUNDING PASS- THROUGH
Annual funding calculations include HHW Fees collected on behalf of all County
jurisdictions. CITIES, at their option, may participate in the Countywide HHW Program by
entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM. CITIES NOT participating in the
Agency Agreement will receive their pro -rata share of funding received by the COUNTY
from the HHW Fee, with the exception of funds for the abandoned waste disposal cost,
described above.
If CITIES NOT participating in the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit
residents to participate in HHW Program services on an emergency basis, then services to
these residents will be provided on a cost recovery basis. A charge equal to the published
rates charged to Conditionally Exempt Small Quantity Generators will be billed to the
CITIES. A CITIES' representative must call the Countywide HHW Program appointment
line to schedule an appointment for the resident. The pro -rata share of liability will be
shared as defined in Section 6 of the AGENCY AGREEMENT FOR COUNTYWIDE AB
939 IMPLEMENTATION FEE.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE 12