Staff Report1 i�S
OS G�tO
DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 06/16/15
ITEM NO: i D
COUNCIL AGENDA REPORT
JUNE 4, 2015
MAYOR AND TOWN COUNCIL
LES WHITE, INTERIM TOWN MAN
THE COUNTY OF SANTA CLARA FOR•
A. COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM
B. AB939 IMPLEMENTATION FEE COLLECTION AND DISTRIBUTION
RECOMMENDATION:
Staff recommends that the Town Council authorize the Town Manager to execute agreements
with the County of Santa Clara for:
1. Countywide Household Hazardous Waste Collection Program.
2. AB939 Implementation Fee Collection and Distribution
BACKGROUND:
The Santa Clara County Household Hazardous Waste (HHW) Program provides HHW disposal
services to Town residents. The funding for this program is provided partially through landfill
disposal fees (the AB939 part of this agenda item) and partially through an augmentation fee that
the Town pays to cover the service used by Los Gatos residents. The HHW Program tracks
activity and provides reports to Town staff to ensure adequate funding is available.
The revenue and expenditures for this program are included in the Parks and Public Works
Operating budget. The Town receives designated revenue from its solid waste hauler, West
Valley Collection and Recycling, to fully cover the cost of the augmentation fee.
AB 939 allows for the establishment of fees to further recycling goals. The Agency Agreement
for Countywide AB939 Implementation Fee outlines the terms and conditions under which the
County collects and distributes the $4.10 per ton fee assessed on waste disposal at each disposal
facility within the County. These fees are used to fund HHW programs, as well as
implementation of the Countywide Integrated Waste Management Plan. Participating agencies
must approve the agreement before the fees can be collected.
PREPARED BY:
Reviewed by:
MATT MORLEY �5_.
Director of Parks and Public orks
Town Manager %WTown Attorney
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM AND AB939 IMPLEMENTATION FEE
JUNE 4, 2015
DISCUSSION:
Funds from these programs flow through the Town on a cost recovery basis. The agreement in
Attachment 1 establishes the County program as the program for Los Gatos residents. The
agreement in Attachment 2 establishes the County as the fee collection and distribution agency
for landfill charges. These fees are passed along to the Town to pay for the program.
The current agreements for these two programs expire on June 30, 2015. These new agreements
will be effective July 1, 2015 through June 30, 2018.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute agreements
with the County of Santa Clara for:
1. Countywide Household Hazardous Waste Collection Program.
2. AB939 Implementation Fee.
ENVIRONMENTAL ASSESSMENT:
This is a not project as defined under CEQA.
FISCAL IMPACT:
Funding for this program is included in the adopted FY 2015/16 Parks and Public Works
Operating Budget (5302- 63121).
Attachments:
1. Agreement for Countywide Household Hazardous Waste Collection Program
2. Agreement for Countywide AB939 Implementation Fee
AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement is made by and between the (CITY) and the
County of Santa Clara (COUNTY) on the day of 2015.
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 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, household batteries, and electronic waste. Residents
of the CITY listed above will be eligible to bring HHW 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 2016 through FY
2018 (July 1, 2015 — June 30, 2018); and
WHEREAS, the participating jurisdictions desire to provide household
hazardous waste collection services to a minimum of 4% of the households per fiscal
year in each participating jurisdiction; and
WHEREAS, the County Board of Supervisors has approved a Countywide
AB939 Household Hazardous Waste Fee (AB939 HHW Fee), as authorized by Public
Resources Code 41901, to be collected at $2.60 in FY 2016 through FY 2018 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
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
ATTACHMENT 1
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.
NOW, THEREFORE, CITY and COUNTY 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 AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM.
2. PROGRAM FUNDING SOURCE
HHW Program services are directly mandated under AB939, which establishes
statutory authority to provide for funding to support planning and implementation of
integrated waste management programs. The AB939 HHW Fee, of $2.60 per ton
collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB939
IMPLEMENTATION FEE will be the primary source of funding for CoHHW
Program services.
Funds derived from the AB939 HHW Fee will be allocated among four types of
CoHHW Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in
each participating jurisdiction. The number of households will be determined at
the beginning of each Fiscal Year by statistics compiled by the California
Department of Finance, Demographic Research Unit from their most recent
Report, "Population Estimates for California Cities and Counties."
B. San Jose Facility Use Surcharge will be apportioned based on CITY's anticipated
participation at the County Household Hazardous Waste Collection Facility
located at 1608 Las Plumas Avenue, San Jose.
C. Variable Cost Per Car provides a base level service of 4% of households in all
participating jurisdictions. The number of households will be determined at the
beginning of each Fiscal Year by statistics compiled by the California Department
of Finance, Demographic Research Unit from their most recent Report,
"Population Estimates for California Cities and Counties."
D. Available Discretionary Funding funded on tonnage generated per participating
jurisdiction.
The projected AB939 HHW Implementation Fee Allocation by jurisdiction is set out
in Attachment A, attached hereto and incorporated herein.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2
3. FIXED PROGRAM COST
Fixed Program Costs shall be $2.47 per household in Fiscal Years 2016, 2017 and
2018. Estimated HHW Fixed Costs are projected in Attachment B, attached hereto
and incorporated herein. Fixed Program Costs may include, but are not limited to ten
(10) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office
rent, office supplies, county administrative overhead, county legal counsel, training
costs, equipment and facility maintenance and union negotiated salary and benefit
changes.
4. ABANDONED WASTE DISPOSAL COST
The existing unexpended non -profit abandoned waste fund balance of approximately
$50,000 will fund disposal of HHW illegally abandoned at nonprofit charitable reuser
organizations as defined in Public Resources Code Section 41904.
For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904
defines a nonprofit charitable reuse organization 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.
5. SAN JOSE FACILITY USE SURCHARGE
The San Jose Facility Use Surcharge is estimated to be $18.06 per car for Fiscal
Years 2016, 2017 and FY 2018. The total San Jose Facility Use Surcharge for CITY
will be based on CITY's participation at the County Household Hazardous Waste
Collection Facility located at 1608 Las Plumas Avenue, San Jose. Estimated San Jose
Facility Use Surcharges are projected in Attachment A, attached hereto and
incorporated herein.
6. 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 $68 per car for Fiscal Years
2016, 2017 and 2018. The estimated cost per car will be adjusted to reflect actual
service costs. After Fixed Program Costs and San Jose Facility Use Surcharge are
allocated on a per household basis, the Variable Cost Per Car will be used to calculate
the costs to service 4% of households across all participating jurisdictions. If the
level of 4% 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 4% participation levels, to increase public outreach and/or provide
additional services in that jurisdiction the following year.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2
7. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion of the AB939 HHW Fee will be
allocated based on the tons of waste generated within each jurisdiction, and after
allocation of Fixed Program Costs, San Jose Facility Use Surcharge, 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, electronic waste (e- waste) collection, universal
waste collection, emergency IHIW services, funding HHW public education, the
support of capital infrastructure projects to accommodate HHW drop -off and
collection events, or providing special programs such as retail collection of certain
waste and/or door -to -door collection of HHW for the elderly and/or persons with
disabilities and neighborhood clean-up events.
8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The Santa Clara County Recycling and Waste Reduction Division will administer the
AB939 HHW Fee, as part of the existing landfill billing system. Administration and
payment will be made in accordance with the AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE. Notwithstanding the foregoing, the COUNTY
shall maintain records of the amount, use, and distribution of Fixed Program Cost
expenditures 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. CITY
may request in writing a review by COUNTY of the Fixed Program Cost records.
The review shall be performed within 30 days of request and results shall be reported
to participating cities in writing.
9. PROGRAM PUBLICITY
The CoHHW Program shall have available to the public a HI1W brochure for
distribution. The brochure will be made available at various events, including but not
limited to, environmental events, community fairs. The brochure may also be
distributed, upon request, to cities within the County and to County residents and
businesses. The CITY shall be responsible for developing and coordinating citywide
awareness of the HHW Program. The CoF1HW Program shall be responsible for
Countywide public education for used oil recycling. CoHHW Program public
awareness responsibilities shall include, but not be limited to, the following activities:
• Serving as the formal contact to the local media such as local newspapers
and television news stations;
• 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;
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
• Representing the program through educational presentations at schools
and businesses and attendance at community events such as local fairs and
festivals; and
• Providing participating jurisdictions opportunities to review and comment
on the development of countywide outreach materials.
CITY's 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;
• Developing and distributing communications to residents for local and city
newsletters, newspapers and to the electronic media;
• Providing the CoHHW Program with a copy of locally produced
materials; and,
• Conducting and supporting outreach and publicity to attain the 4% goal of
household participation.
10. DELEGATION OF AUTHORITY
The Board of Supervisors delegates all CoHHW Program management to the
Consumer and Environmental Protection Agency. The Director of the Consumer and
Environmental Protection Agency has the authority to execute all vendor contracts
necessary to operate the program, to execute any necessary license agreements, to add
additional HEW services provided on a cost recovery basis, to amend any contracts
or agreements, and to terminate any contracts or agreements. All contracts,
agreements, and amendments shall first be approved by County Counsel as to form
and legality 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 Temporary
HHW 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 the Temporary EHW Events.
12. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at two County Household Hazardous
Waste Collection Facilities (COHHWCF).
The COHHWCFs are located at:
San Martin, -73055 Murphy Avenue, San Martin
San Jose, -7608 Las Plumas, San Jose
The COHHWCF will operate a reuse program, offering usable materials to the public
at no charge when feasible. The COUNTY shall obtain all necessary permits and
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM c
licenses required for the COIUMCF and shall provide or contract for services,
equipment, and supplies to properly receive, package, label, haul, recycle and dispose
of wastes collected.
13. 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 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 fee collection from participating businesses.
14. 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 HHW left at a
property by an unknown party. Abandoned household hazardous waste does not
include waste generated by a known organization or agency in the course of normal
business operations such as, but not limited to, the assembly or manufacture of
products from new or used materials or the provision of charitable services such as
classroom education, meal preparation, and shelter, or the provision of services for a
fee. Government agencies shall be charged for disposal of abandoned HHW
according to the COHHW Program's published rates for CESQGs.
15. NONPROFIT CHARITABLE REUSER
A Nonprofit Charitable Reuser organization as established in Public Resources Code
Section 41904, is a nonprofit as defined in Section 501(c) (3) of the United States
Internal Revenue Code, or a distinct operating unit or division of the charitable
organization. A Nonprofit Charitable Reuser is farther defined as an organization
that reuses and recycles donated material and receives more than 50% of its revenues
from the handling and sale of those donated goods or materials. In order to qualify as
a Nonprofit Charitable Reuser, the business must submit to the COUNTY 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 existing unexpended
abandoned waste fard. 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, 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
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 6
CESQGs. No additional costs shall be applied to the budget of a participating
jurisdiction.
16. HOUSEHOLD HAZARDOUS WASTES ACCEPTED
HHW accepted by the COHHW Program shall be limited to materials as defined in
Health and Safety Code Section 25218, as amended from time to time, and include, but
are not limited to, automotive fluids, automotive and other types of batteries, latex and
oil paint, oil filters, garden chemicals, household cleaners, pool chemicals, mercury
thermostats, fluorescent lamps containing mercury, household batteries, e -waste and
other common hazardous consumer products.
17. 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 13 of
this Agreement shall be accepted.
18. 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 Consumer and Environmental
Protection Agency. 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, universal waste collection, electronic waste
collection, and abandoned waste collection.
CITY agrees to augment up to an additional $ 3 to the Countywide HHW
Program during Fiscal Year 2016 for the purpose of attaining or increasing resident
participation above the 4% service level at the scheduled collection dates listed in
Attachment C, attached hereto and incorporated herein. Augmentation will be
calculated at the Variable Cost Per Car rate. Other services will be charged based on
a cost recovery basis. CITY authorizes the COUNTY to use CITY'S Available
Discretionary Funding portion of the A13939 HHW Fee, if available, to pay for the
above agreed additional augmentation amount.
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.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
19. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday
through Friday, from the hours of 8:30 a.m. to 4:30 p.m. The information service will
register residents for the Temporary HHW Events and the collections at COHHWCF.
The information service will provide information about hazardous household
materials. CITY will be notified immediately if resident participation approaches a
level of service that may not be supported by available funding.
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 CoIIIIW Program may not have appropriate sites
available. A proposed IUIW schedule for Fiscal Year 2016 of Temporary Events and
collections at ColIHWCF is included as Attachment C. COUNTY will schedule an
adequate number of collection days to serve the 4% level of service. The COUNTY
determines the adequate number of collection days by tracking attendance at each
event.
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, retail take -back collection 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.
22. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION
The CoRHW Program is hereby given permission by all participating jurisdictions to
apply for future grants and the Oil Payment Program, from the California Department
of Resources Recycling and Recovery (CalRecycle). The CoIUIW Program will act
on behalf of all participating jurisdictions, as the lead applicant and administrator.
The COHIIW 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 COIfIW Program does not apply.
23. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with
convenient emergency opportunities to safely dispose of their HHW in the event of a
disaster. The purpose of this emergency planning for HHW is to minimize potential
public health and safety impacts, as well as to minimize costs and confusion.
Attachment D sets out CITY and COUNTY responsibilities for the collection of
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
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 an emergency collection event. An emergency
collection event shall be initiated by a written request from CITY to COUNTY.
Emergency 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 emergency
collection plan is set out in Attachment D, 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 will handle wastes in accordance with State law. COUNTY
will bill CITY for all emergency events on a cost recovery basis and all payments
shall be due COUNTY within 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
and to pay for special programs such as Universal Waste collection at retail locations.
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 29 of this Agreement. Summary information
concerning these corporate sponsored events will be included in the CoHHW
Program's annual report to the participating jurisdictions.
25. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal
services shall have the required insurance as outlined in Attachment E, Exhibit 13-21)
(revised) Insurance Requirements for Environmental Services Contract. 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
naming the COUNTY as an additional insured.
26. WASTE TRACKING AND REPORTING
COUNTY will provide a mid -year report to CITY regarding participation rates from
each participating jurisdiction by March 15, 2016. Mid -year and year end reports will
outline the types and quantities of waste collected, the amount of waste diverted for
reuse or recycling and the waste management method for each waste stream and
associated costs for services. COUNTY will prepare a report summarizing program
activities which will be delivered to the participating jurisdictions no later than six
months after the end of COUNTY's fiscal year.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTrON PROGRAM
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.
COUNTY shall take steps to assure that the bi- annual statements to jurisdictions
reflect the funds necessary to cover costs for CITY participation in services scheduled
during the next quarter.
27. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all
participants in the CoHHW Program.
28. HOLD HARMLESS AND INDEMNMCATION
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 parry 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 RHW 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 FIRW Program for the transportation,
treatment or disposal of household hazardous waste at corporate sponsored events
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10
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
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.
29. TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30)
days written notice given by the terminating party.
30. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2015 to June 30, 2018, or until all
revenue from the last quarter's Fee payments has been distributed, whichever is later.
31. EXTENSION OF TERM
This Agreement may be extended for succeeding three -year term if COUNTY and
participating jurisdictions so agree in writing.
32. 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.
33. 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.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 11
34. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
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
parties 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 Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San Jose, CA 95112
Attachments:
A Projected Fiscal Years 2016, 2017, and 2018 AB939 HHW Fee Funding
Allocation by Jurisdiction
B Estimated HEW Program Fixed Costs for Fiscal Years 2016, 2017, and 2018
C HHW Schedule of Collection Events for Fiscal Year 2016
D Household Hazardous Waste Emergency Collection Plan
E Exhibit B -213 (revised) Insurance Requirements for Environmental Services
Contracts
H
H
H
H
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 12
IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM on the dates as stated below:
"COUNTY"
Dave Cortese, President
Board of Supervisors
Date:
ATTEST:
MEGAN DOYLE Date
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
q( -41`°
Mich el L. Rossi ` Date
Deputy County Counsel
"CITY"
CITY /TOWN OF
A municipal corporation
C
Title:
Date:
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 13
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ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2016
2015 /Month
Day
Date
Location
Type of ven
ounty Holiday Notes
Jul
turda
r4.
:NO Event
No Event
'. FOURTH':OFJULY
Fri,Sat
10,11
San Jose
Permanent
Fri,Sat
17,18
San Jose
Permanent
Saturday
18
Sunnyvale
Temporary
Fri,Sat
24,25
San Jose
Permanent
August
Fri,Sat
31,1
San Martin
Permanent
Fri,Sat
31,1
San Jose
Permanent
Fri,Sat
7,8
San Jose
Permanent
Fri,Sat
14,15
1 San Jose
Permanent
Fri,Sat
21,22
1 San Jose
Permanent
Fri,Sat
28,29
1 San Jose
Permanent
Se tember
3a—turd
5
No Event:
W Event `
LABOR DAY WEE D
Fri,Sat
11,12
San Jose
Permanent
Fri,Sat
18,19
San Jose
Permanent
Fri,Sat
25,26
San Jose
Permanent
Saturday
26
Santa Cara
Temporary
October
Fri,Sat
2,3
San Martin
Permanent
Fri,Sat
2,3
San Jose
Permanent
Fri,Sat
9,10
San Jose
Permanent
Fri,Sat
16,17
San Jose
Permanent
Saturday
17
Sunnyvale
Temporary
Fri,Sat
23,24
San Jose
Permanent
Fri,Sat
30,31
San Jose
Permanent
November
Fri,Sat
6,7
San Martin
Permanent
Fri,Sat
6,7
San Jose
Permanent
Fri,Sat
13,14
San Jose
Permanent
Fri,Sat
20,21
San Jose
Permanent
Saturday
38.
,- Nofvent I
THANKSGIVING -: -:
December
Fri,Sat
4,5
San Martin I
Permanent
Fri,Sat
4,5
San Jose I
Permanent
Fri,Sat
11,12
San Jose
Permanent
Fri,Sat
18,19
San Jose
Permanent
. Saturday
26
Nd'fvent
..
„ s= NOEVenY
• 'CNRI53'1dA5� ,-;.
20161Jan
Saturda_
2i
oEvent
- ofvent-
EW- -'YEAR -
Fri,Sat
8,9
San Jose
Permanent
Fri,Sat
15,16
San Jose
Permanent
Saturday
16
Sunnyvale
Tem ora
Fri,Sat
22,23
San Jose
Permanent
Fri,Sat
29,30
San Jose
Permanent
ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2016 - continued
20161Month
Day
Date
Location
Type of Event
County Holidays/ Notes
February
Fri,Sat
5,6
San Martin
Permanent
Fri,Sat
5,6
San Jose
Permanent
Fri,Sat
12,13
San Jose
Permanent
Fri,Sat
19,20
San Jose
Permanent
Fri,Sat
26,27
San Jose
Permanent
March
Fri,Sat
4,5
San Martin
Permanent
Fri,Sat
4,5
San Jose
Permanent
Fri,Sat
11,12
San Jose
Permanent
Fri,Sat
18,19
San Jose
Permanent
Fri,Sat
25,26
San Jose
Permanent
April
Fri,Sat
1,2
San Martin
Permanent
Fri,Sat
1,2
San Jose
Permanent
Fri,Sat
8,9
San Jose
Permanent
Saturday
9
Los Altos
Temporary
Fri,Sat
15,16
San Jose
Permanent
Saturday
16
Sunnyvale
Temporary
Fri,Sat
22,23
San Jose
Permanent
Fri,Sat
29,30
San Jose
Permanent
Saturday
30
1 Santa Clara
Temporary
May
Fri,Sat
6,7
San Martin
Permanent
Frl,Sat
6,7
San Jose
Permanent
Fri,Sat
13,14
San Jose
Permanent
Fri,Sat
20,21
San Jose
Permanent
atur'day
28
No Event i
, : No Event
MEMORIAL!DAY EKEND r
June
Fn,Sat
3,4
San Martin
Permanent
Fri,Sat
3,4
San Jose
Permanent
Fri,Sat
10,11
San Jose
Permanent
Fri,Sat
17,18
San Jose
Permanent
Fri,Sat
24,25
San Jose
Permanent
Saturday
25
Milpitas
Temporary
'SUBJECT TO CHANGE 1213012014
17
Attachment D
HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
I. PURPOSE
The purpose of the Household Hazardous Waste Emergency Collection 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/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.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
in
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 HEW
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.
• CoH11WCF: The County operates two permitted HEW 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 CoHHWCF.
The CoHHWCF are located at:
San Martin, 13055 Murphy Ave, San Martin
San Jose, 1608 Las Plumas, San Jose
6. Costs, Documentation, and Reimbursements
Cities will be billed on a cost recovery basis. 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.
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.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 19
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 HEW 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.
REFERENCES
Califomia Integrated Waste Management Board, Integrated Waste Management Disaster Plan:
Guidance for local government on disaster debris management January 1997.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
20
Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Consumer and Environmental Protection Agency
Recycling and Waste Reduction Division
Household Hazardous Waste Program
Rob D'Arcy
Recycling and Waste Reduction Division Manager
408 -918 -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)
CHENPfREC 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.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
21
Attachment E EXHIBIT B -21) (revised)
INSURANCE REQUIREMENTS FOR
ENVIRONMENTAL SERVICES CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.)
Indemni
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter
"County "), its officers, agents and employees from any claim, liability, loss, injury or damage
arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents,
employees or sub - contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County. It is the intent of the parties to this
Agreement to provide the broadest possible coverage for the County. The Contractor shall
reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to
any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the
County under this Agreement.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifying that coverage as required herein has been obtained. Individual
endorsements executed by the insurance carrier shall accompany the certificate. In addition,
a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, unless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work
under the Agreement until it has obtained all insurance required and such insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A- V, according to the
current Best's Key Rating Guide or a company of equal financial stability that is approved
by the County's Insurance Manager.
Rev. 4/2002 1 22
EXHIBIT B -21) (revised)
C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet
the specified County insurance requirements without 30 days' prior written notice of such
cancellation or change being delivered to the County of Santa Clara or their designated
agent.
D. Insurance Required
1. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products /Completed Operations aggregate - $2,000,000
d. Personal Injury - $1,000,000
2. General liability coverage shall include:
a. Premises and Operations
b. Products /Completed
C. Personal Injury liability
d. Severability, of interest
3. General liability coverage shall include the following endorsement, a copy of which
shall be provided to the County:
Additional Insured Endorsement, which shall read:
"County of Santa Clara, and members of the Board of Supervisors of
the County of Santa Clara, and the officers, agents, and employees of
the County of Santa Clara, individually and collectively, as additional
insureds."
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the County of Santa Clara, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy. Public Entities may also be added to the
Rev. 4/2002 2 23
EXHIBIT B -2D (revised)
additional insured endorsement as applicable and the contractor shall be notified by
the contracting department of these requirements.
Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non -owned and hired vehicles. Coverage shall
include Environmental impairment Liability Endorsement MCS90 for contracts
requiring the transportation of hazardous materials /wastes.
4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents
or subcontractors will operate aircraft or watercraft in the scope of the Agreement)
For bodily injury (including death) and property damage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non -owned and hired aircraft/watercraft.
5. Workers' Compensation and Employer's Liability Insurance
a. Statutory California Workers' Compensation coverage including broad form
all- states coverage.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence.
6. Contractors Pollution Liability Insurance or Pollution Errors and Omissions
Liability Insurance
Coverage shall provide a minimum of not less than five million dollars
($5,000,000) per occurrence and aggregate for bodily injury, personal injury,
property damage and cleanup costs both on and offsite.
Professional Errors and Omissions Liability Insurance (required for contractors
providing professional services, such as through a professional engineer, registered
geologist, etc.)
a. Coverage shall be in an amount of not less than one million dollars
($1,000,000) per occurrence /aggregate.
b. If coverage contains a deductible or self - retention, it shall not be greater than
fifty thousand dollars ($50,000) per occurrence /event.
Rev. 4/2002 3 24
EXHIBIT B -2I) (revised)
C. Coverage as required herein shall be maintained for a minimum of two years
following termination or completion of this Agreement.
8. Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall
clearly state so. In addition to coverage requirements above, such policy shall
provide that:
a. Policy retroactive date coincides with or precedes the Consultant's start of
work (including subsequent policies purchased as renewals or replacements).
b. Policy allows for reporting of circumstances or incidents that might give rise
to future claims.
E. Special Provisions
The following provisions shall apply to this Agreement:
The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the County or
its insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor pursuant
to this Agreement, including but not limited to the provisions concerning
indemnification.
2. The County acknowledges that some insurance requirements contained in this
Agreement may be fulfilled by self - insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor under
this Agreement. Any self - insurance shall be approved in writing by the County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
may be satisfied in whole or in part by adequately funded self - insurance programs
or self - insurance retentions.
Should any of the work under this Agreement be sublet, the Contractor shall require
each of its subcontractors of any tier to carry the aforementioned coverages, or
Contractor may insure subcontractors under its own policies.
4. The County reserves the right to withhold payments to the Contractor in the event
of material noncompliance with the insurance requirements outlined above.
F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments)
Before receiving compensation under this Agreement, Contractor will furnish
County with evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Agreement, or authorized to sign or
Rev. 4/2002 4
25
EXHIBIT B -2D (revised)
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount
of AT LEAST fifteen percent (15 %) of the maximum financial obligation of the
County cited herein. If such bond is canceled or reduced, Contractor will notify
County immediately, and County may withhold further payment to Contractor until
proper coverage has been obtained. Failure to give such notice may be cause for
termination of this Agreement, at the option of County.
Rev. 4/2002 5 26
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AGREEMENT FOR COUNTYWIDE
AB939 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 Serene, Mountain View,
Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa
Clara (COUNTY) on the day of 2015. The term CITIES may refer to
CITIES collectively or individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city
and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and
implementing an integrated waste management plan; and
WHEREAS, the Board of Supervisors established the Countywide AB939
Implementation Fee effective July 1, 1992 to fund local costs of preparing, adopting, and
implementing integrated waste management plans and programs; and
WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has
determined that a Countywide AB939 Implementation Fee (Fee) is necessary, pursuant to Public
Resource Code 41901, to assist in funding the costs of preparing, adopting and implementing
integrated waste management plans and programs in the fifteen cities and the unincorporated
area of the county; and
WHEREAS, the Fee shall be imposed on each ton of waste landfilled or incinerated
within the County; received at any non - disposal or collection facility located within the County
and subsequently transported for disposal or incineration outside of the County; collected from
any location within the County by a solid waste hauler operating pursuant to a 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 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, fluorescent lamps, and batteries; and
AGREEMENT FOR COUNTYWIDE A3939 IMPLEMENTATION FEE FYs 2016 - 2018 1
ATTACHMENT
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 AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the COUNTY
will collect and distribute the Fee of $4.10 per ton in Fiscal Years 2016, 2017 and 2018 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 Household
Hazardous Waste (HHW) Fee of $2.60 per ton to provide funding to implement the Countywide
HHW Program. The Program Fee will be allocated among jurisdictions as described in Exhibit
B, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY,
CITIES, and Countywide HHW Program and participating jurisdictions as described in Exhibit
C, attached hereto and incorporated herein. 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.
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) and are listed in
Exhibit A, attached hereto and incorporated herein.
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 Recycling and Waste Reduction 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. COUNTY will research Santa
Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant
amounts to determine the identity of the hauler. That hauler will subsequently be billed in the
same fashion subject to the same penalties as mentioned 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 landfill or non - disposal facility
operators.
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2016 - 2018
3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the
COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate
documentation, errors in waste allocations among jurisdictions.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the Fee. Best efforts will be made to prevent tonnage
from 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 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. CITIES
agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or
other documentation acceptable to the COUNTY upon request.
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
and as described in Exhibit D.
Additionally, CITIES 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 and court costs, arising from any misuse of the Fee distributed to
CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers,
agents, and employees with respect to any loss, damage, liability, cost or expenses,
including attorney fees and court costs, brought by third parties based on COUNTY's sole
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-
disposal facility payments and disposal documentation required for calculation of Fee
AGREEMENT FOR COUNTYWIDE AB939 DAPLEMENTATION FEE FYs 2016 - 2018
distribution amounts. Distributions shall begin December 15, 2015, and continue quarterly
through October 15, 2018.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by
entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM.
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, use 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, payments made by the landfills
and non - disposal facilities to the COUNTY and by the COUNTY to CITIES, and
expenditures for programmatic and overhead costs.
11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the Fee or the
distribution or use 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 is effective upon approval by all fifteen CITIES and the COUNTY.
13. AMENDMENT
This Agreement may be amended only by an instrument signed by all fifteen CITIES and
the COUNTY.
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.
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2016 - 2018
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, 2015 to June 30, 2018, 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, 2015. Said landfills and non-
disposal facilities will be billed for the Fee through June 30, 2018.
16. 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 parry 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:
County of Santa Clara
Contact: Recycling and Waste Reduction Division Mangier
Recycling and Waste Reduction Division
Address: 1555 Berger Drive, Suite 300
City: San Jose, CA 95112
17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State
of California.
18. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the
subject matter hereof. No modification of this Agreement shall be effective unless and until
modification is evidenced by writing signed by all parties or their assigned designees.
19. COUNTERPARTS
AGREEMENT FOR COUNTYWIDE AB939 IN PLEMENTATION FEE FYs 2016 - 2018
19. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated
below:
"COUNTY"
Dave Cortese, President
Board of Supervisors
Date:
ATTEST:
MEGAN DOYLE Date
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
S jai Z I S
Michael L. Rossi Date
Deputy County Counsel
"CITY"
CITY /TOWN OF
A municipal corporation
C
Date:
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2016 - 2018
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Zanker Materials Processing Facility
Zanker Road Landfill
NON - DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN SANTA
CLARA COUNTY
California Waste Solutions Recycling & Transfer Station
City of Palo Alto Green Composting Facility
ECO Box Recycling, Inc.
Environmental Resource Recovery, Inc. (Valley Recycling)
Green Earth Management LLC Kings Row Recycling Facility
Green Waste Materials Facility and Transfer Station
Green Waste Recovery Facility
GreenTeam of San Jose Material Recovery Facility and Transfer Station
Guadalupe Landfill
Material Recovery Systems Facility
Mission Trail Waste Systems, Inc.
Newby Island Compost Facility
Pacheco Pass Transfer Station
Pacific Coast Recycling, Inc.
Premier Recycle Facility
Recology Silicon Valley Processing and Transfer Facility
The Recyclery at Newby Island
San Martin Transfer Station
Smurfit -Stone Recycling San Jose Facility
South Valley Organics
Stanford Recycling Center and Direct Transfer Facility
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station)
Valley Recycling San Jose CDI Processing /Transfer Facility
Wood Processing Facility at Recology Pacheco Pass
Z -Best Composting Facility
Zanker Materials Processing Facility
Zanker Road Class III Landfill
Zero Waste Energy Development Company Anaerobic Digestion Facility
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2016 - 2018
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each jurisdiction located in Santa Clara County will receive $1.50 per ton of solid waste
disposed of in landfills or taken to 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 jurisdictions percent of countywide
population, according to the latest available population report issued by the California
Department of Finance.
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2016 - 2018
EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are directly mandated under AB939, which establishes statutory
authority to provide for funding to support planning and implementation of integrated waste
management programs. The HHW Fee, of $2.60 per ton, collected as part of the AB939
Implementation Fee, will be the primary source of funding for Countywide Household
Hazardous Waste Collection Program (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 California Department of Finance,
Demographic Research Unit from their most recent Report, "Population Estimates for
California Cities and Counties."
B. San Jose Facility Use Surcharge will be apportioned based on CITY'S anticipated
participation at the County Household Hazardous Waste Collection Facility located at 1608
Las Plumas Avenue, San Jose.
C. Variable Cost Per Car to provide a base level service to 4% of households in all participating
jurisdictions. The number of households will be determined at the beginning of each Fiscal
Year by statistics compiled by the California Department of Finance, Demographic Research
Unit from their most recent Report, "Population Estimates for California Cities and
Counties."
D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction.
2. FIXED PROGRAM COST
Funds shall be distributed on a per household basis for Fixed Program Costs. This portion of the
funds shall be distributed directly to the Countywide HHW Program. Fixed Program Costs
funding shall be calculated at $2.47 per household in Fiscal Years 2016, 2017, and 2018. Fixed
Program Costs may include, but are not limited to ten (10) CoHHW Program staff members,
facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative
overhead, county legal counsel, training costs, equipment and facility maintenance, and union
negotiated salary and benefit changes.
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2016 - 2018
3. ABANDONED WASTE DISPOSAL COST
The existing unexpended non -profit abandoned waste fund balance of approximately $50,000,
will fund disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as
defined in Public Resources Code Section 41904.
For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a
nonprofit charitable reuse organization 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. SAN JOSE FACILITY USE SURCHARGE
The San Jose Facility Use Surcharge is estimated to be $18.06 per car for Fiscal Years 2016,
2017, and 2018. The total San Jose Facility Use Surcharge for CITY will be based on CITY's
participation at the County Household Hazardous Waste Collection Facility located at 1608 Las
Plumas Avenue, San Jose.
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 HHW Collection Facilities and
Temporary Events. This portion of the funds shall be distributed directly to the Countywide
HHW Program. The Variable Cost Per Car is estimated to be $68 per car for Fiscal Years 2016,
2017, and 2018. The estimated cost per car will be adjusted annually to reflect actual service
costs. After fixed costs and San Jose Facility Use Surcharge are allocated on a per household
basis, the variable cost per car will be used to calculate the costs to service 4% of households
across all participating jurisdictions. If the level of 4% of households is not reached, the
Countywide HHW Program will use the remaining balance of funds, in cooperation with the
CITIES, to increase public outreach and/or provide additional services in that jurisdiction where
the level of 4% is not reached 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 Cost, San Jose Facility
Use Surcharge, and Variable Per Car Cost. Available Discretionary Funds will be paid as
directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes.
Options for how to spend these funds include, but are not limited to, increasing the number of
residents served in the jurisdiction by the Countywide HHW Program, universal waste
collection, emergency HHW services, funding HEW public education, the support of capital
infrastructure projects to accommodate HHW drop -off and collection events, or providing
special programs such as retail collection of certain waste and/or door -to -door collection of
HHW for the elderly and/or persons with disabilities and neighborhood clean -up events. CITY
authorizes the COUNTY to use CITY'S Available Discretionary Funding portion of the AB939
HHW Fee, if available, to pay for the above agreed additional augmentation amount.
10
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2016 - 2018
7. PROGRAM FUNDING PASS - THROUGH
Annual funding calculations include HEW 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.
If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents to participate in
HHW Program services on an emergency basis, then services to these residents will be provided
on a cost recovery basis. A charge equal to the established rates charged by the Countywide
HHW Program 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 29 of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM and as described in Exhibit D.
it
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2016 - 2018
SECTION 28 OF AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed
between CITY and COUNTY pursuant to 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 COUN'T'Y 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 of the AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
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.
12
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2016 - 2018
COUNTY shall require Conditionally Exempt Small Quantity Generators ( "CESQG ") and
Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability
incurred and attributed to the Countywide BHW 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 ColIIIW 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.
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FYs 2016 - 2018 13