Attachment 1AGREEMENT FOR COUNTYWIDE Page 1 of 26
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
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 ____________ 2018.
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 (HHW), 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 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 HHW. These wastes
include, but are not limited to, common household products such as household
cleaning products, 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 2019 through FY
2021 (July 1, 2018 – June 30, 2021); 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 2019 through FY 2021 (July 1,
2018 – June 30, 2021) 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
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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.
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 five types of
CoHHW Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in
each participating jurisdiction. The number of households will be determined at
the 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, CA 95133.
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.
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E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned
at nonprofit charitable reuse organizations as defined in PUBLIC RESOURCES
CODE SECTION 41904.
The projected AB939 HHW Implementation Fee Allocation by jurisdiction is set out
in Attachment A, attached hereto and incorporated herein.
3. FIXED PROGRAM COST
Fixed Program Costs shall be $2.99 per household in Fiscal Years 2019, 2020 and
2021. Estimated HHW Fixed Costs are projected in Attachment B, attached hereto
and incorporated herein. Fixed Program Costs may include, but are not limited to up
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
Abandoned Waste Disposal Costs for Fiscal Year 2019, 2020 and 2021 will be $0.05
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. Estimated
Abandoned Waste Disposal Cost is projected in Attachment A, attached hereto and
incorporated herein.
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 $6.83 per car for Fiscal Years
2019, 2020 and 2021. 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.
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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 $62 per car for Fiscal Years
2019, 2020 and 2021. The estimated cost per car will be adjusted to reflect actual
service costs. After Fixed Program Costs are allocated on a per household basis and
San Jose Facility Use Surcharge is allocated on a participation 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 may 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.
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
Cost Per Car allocation. 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 HHW 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 online disposal reporting and payment
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.
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9. PROGRAM PUBLICITY
The CoHHW Program shall have available to the public a HHW brochure for
distribution. The brochure will be made available at various events, including but not
limited to, environmental events and 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 CoHHW Program shall be responsible for
Countywide public education for used oil recycling. CoHHW Program public
awareness responsibilities shall include, but not be limited to, the following activities:
• Serving as the formal contact to the 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;
• 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. TEMPORARY HHW EVENTS
COUNTY shall conduct Temporary 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 HHW Events.
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11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at two County Household Hazardous
Waste Collection Facilities (CoHHWCF).
The CoHHWCF are located at:
♦ San Martin, 13055 Murphy Avenue, San Martin
♦ San Jose, 1608 Las Plumas, San Jose
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.
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 CoHHWCF. 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. This program may, at the sole discretion of CITY, be
subsidized by participating jurisdictions using outside funding not associated with
AB939 HHW Fee. For purposes of definition, CESQG as defined is equivalent to
Very Small Quantity Generator (VSQG) in 40 CFR 262.14.
13. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government
agencies and qualified 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.
A) GOVERNMENT AGENCIES
Government agencies shall be charged for disposal of abandoned HHW
according to the CoHHW Program's published rates for CESQGs.
B) 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
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division of the charitable organization. A Nonprofit Charitable Reuser is
further defined as an organization that reuses and recycles donated material
and receives more than 50% of its revenues from the handling and sale of
those donated goods or materials. In order to qualify as a Nonprofit
Charitable Reuser, the business must submit to the County Executive a request
to be so designated. The County Executive 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 fund. 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 CESQGs. No
additional costs shall be applied to the budget of a participating jurisdiction.
14. 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.
15. 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 of
this Agreement shall be accepted.
16. 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 County Executive. 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.
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CITY agrees to augment up to an additional $_________ to the Countywide HHW
Program during Fiscal Year 2019 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 AB939 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.
17. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday
through Friday, from the hours of 9:00 a.m. to 5:00 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.
18. SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of Temporary Events and
collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and
securing sites for Temporary HHW Events. It is recognized that some of the
jurisdictions participating in the CoHHW Program may not have appropriate sites
available. A proposed HHW schedule for Fiscal Year 2019 of Temporary Events and
collections at CoHHWCF is included as Attachment C. COUNTY will schedule an
adequate number of collection days to serve the 4% level of service. The COUNTY
determines the adequate number of collection days by tracking attendance at each
event.
19. OUTSIDE FUNDING
During the term of this agreement, COUNTY may 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.
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20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION
The CoHHW 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 CoHHW Program will act
on behalf of all participating jurisdictions, as the lead applicant and administrator.
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.
21. 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
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, County Household Hazardous Waste
Emergency Collection Plan.
COUNTY agrees to conduct the Emergency Collection 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 Collection Events on a cost
recovery basis and all payments shall be due COUNTY within thirty days following
the receipt of the invoice.
22. 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 26 of this Agreement. Summary information
concerning these corporate sponsored events, if any, will be included in the CoHHW
Program's annual report to the participating jurisdictions.
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23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal
services shall have the required insurance as outlined in Attachment E, Exhibit B-2D
(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.
24. WASTE TRACKING AND REPORTING
COUNTY will provide a mid-year report to CITY regarding participation rates from
each participating jurisdiction by March 15, 2019. 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.
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.
25. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all
participants in the CoHHW Program.
26. 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
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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 23 above.
CITY shall further indemnify COUNTY for CITY's apportioned share of liability
incurred and attributed to the Countywide HHW Program for the transportation,
treatment or disposal of household hazardous waste at corporate sponsored events
where non-county resident employees of the corporate sponsor are authorized to
participate in the event. Liability for the nonresident portion of the disposal of waste
shall be shared by the cities and the COUNTY as described above. The nonresident
portion shall be determined by calculating the percentage of nonresidents
participating in the event. This percentage will then be subtracted from the total
liability for the household hazardous waste prior to assessing CITY's apportioned
share of any liability for the household hazardous waste.
COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify
COUNTY for their apportioned share of any liability incurred and attributed to the
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.
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27. TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30)
days written notice given by the terminating party.
28. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2018 to June 30, 2021, or until all
revenue from the last quarter's Fee payments has been distributed, whichever is later.
29. 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.
30. 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.
31. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
32. 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.
33. 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 ______________________
______________________
______________________
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Santa Clara County Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San Jose, CA 95112
34. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an
electronic copy of a signed contract, or an electronically signed contract, has the same
force and legal effect as a contract executed with an original ink signature. The term
“electronic copy of a signed contract” refers to a transmission by facsimile, electronic
mail, or other electronic means of a copy of an original signed contract in a portable
document format. The term “electronically signed contract” means a contract that is
executed by applying an electronic signature using technology approved by the
County.
Attachments:
A Projected Fiscal Years 2019, 2020, and 2021 AB939 HHW Fee Funding
Allocation by Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2019, 2020, and 2021
C HHW Schedule of Collection Events for Fiscal Year 2019
D Household Hazardous Waste Emergency Collection Plan
E Exhibit B-2D (revised) Insurance Requirements for Environmental Services
Contracts
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DocuSign Envelope ID: BD0A3FA1-5984-4668-B335-3A263A4D4C73
AGREEMENT FOR COUNTYWIDE Page 14 of 26
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM on the dates as stated below:
“COUNTY”
___________________________
S. Joseph Simitian, President
Board of Supervisors
Date:_______________
ATTEST:
_______________________________________
MEGAN DOYLE Date
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Javier Serrano Date
Deputy County Counsel
“CITY”
CITY/TOWN OF ____________________________,
A municipal corporation
By:
Title:
Date:
DocuSign Envelope ID: BD0A3FA1-5984-4668-B335-3A263A4D4C73
4/23/2018
AGREEMENT FOR COUNTYWIDE Page 15 of 26
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
Attachment A: Projected Fiscal Years 2019-2021 Annual HHW Fee Funding Allocation by Jurisdiction
Cities
No of
Households
4% of
Households
Disposal
Tonnage
AB939 HHW Fee
$2.60 per Ton
Fixed Cost
$2.99 per HH
SJ Facility
$6.83 Surcharge
Variable Cost
$62 per Car
Abandoned
Waste Disposal
Cost $.05 per
Household Discretionary Fund
Estimated
Augmentation
Anticipated
Participation
Anticipated
Participation
at SJ
Facility
Campbell 17,832 713.28 38,979.51 $ 101,346.73 $ 53,317.68 $ 6 ,718.88 $ 44,223.36 $ 891.60 $ (3,804.80) $ 26,104.34 1,073 984
Cupertino 21,064 842.56 44,875.46 $ 116,676.20 $ 62,981.36 $ 3 06.12 $ 3,720.00 $ 1,053.20 $ 48,615.52 $ 60 45
Gilroy 16,258 650.32 49,766.41 $ 129,392.67 $ 48,611.42 $ 1 ,075.34 $ 40,319.84 $ 812.90 $ 38,573.17 $ 15,294.16 897 158
Los Altos 11,660 466.40 18,006.34 $ 46,816.48 $ 34,863.40 $ 4 ,937.12 $ 28,916.80 $ 583.00 $ (22,483.84) $ 70,143.24 1,235 723
Los Altos Hills 3,108 124.32 3,164.89 $ 8,228.71 $ 9,292.92 $ 8 71.26 $ 7,707.84 $ 155.40 $ (9,798.70) $ 15,780.46 221 128
Los Gatos 13,289 531.56 25,570.37 $ 66,482.96 $ 39,734.11 $ 7 ,974.75 $ 32,956.72 $ 664.45 $ (14,847.07) $ 57,896.15 1,226 1,168
Milpitas 21,532 861.28 74,523.39 $ 193,760.81 $ 64,380.68 $ 3 ,987.38 $ 53,399.36 $ 1,076.60 $ 70,916.80 $ 5,351.84 948 584
Monte Sereno 1,311 52.44 1,207.90 $ 3,140.54 $ 3,919.89 $ 9 57.60 $ 3,251.28 $ 65.55 $ (5,053.78) $ 11,285.40 153 140
Morgan Hill 14,415 576.60 51,502.27 $ 133,905.90 $ 43,100.85 $ 1 ,875.95 $ 35,749.20 $ 720.75 $ 52,459.15 $ 54,659.20 1,458 275
Mountain View 35,595 1,423.80 54,389.71 $ 141,413.25 $ 106,429.05 $ 5 ,572.91 $ 88,275.60 $ 1,779.75 $ (60,644.06) $ 73,899.66 1,638 817
Palo Alto 29,124 0.00 43,478.06 $ 113,042.96 $ 1,456.20 $ 111,586.76
San Jose 332,574 13,302.96 683,263.56 $ 1,776,485.26 $ 994,396.26 $ 1 16,026.35 $ 824,783.52 $ 16,628.70 $ (175,349.57) $ 436,037.25 17,508 16,999
Santa Clara 46,535 1,861.40 166,527.00 $ 432,970.20 $ 139,139.65 $ 1 0,062.63 $ 115,406.80 $ 2,326.75 $ 166,034.37 $ 82,450.70 3,191 1,474
Saratoga 11,226 449.04 19,744.70 $ 51,336.22 $ 33,565.74 $ 5 ,439.47 $ 27,840.48 $ 561.30 $ (16,070.77) $ 42,275.69 872 797
Sunnyvale 58,308 2,332.32 110,483.61 $ 287,257.39 $ 174,340.92 $ 6 ,687.49 $ 144,603.84 $ 2,915.40 $ (41,290.26) $ 63,029.32 2,683 980
Unincorporated 18,538 741.52 42,334.16 $ 110,068.82 $ 55,428.62 $ 2 ,417.54 $ 45,974.24 $ 926.90 $ 5,321.51 $ 29.76 742 354
Total 652,369 24,929.80 1,427,817.34 $ 3,712,325.08 $ 1,863,502.55 $ 174,910.78 $ 1,497,128.88 $ 32,618.45 $ 144,164.42 $ 954,237.18 33,904 25,627
Notes: No of HH based on 1/1/17 estimates. Disposal tonnage is based on FY2016-2017 actual. Anticipated participation and anticipated participation at SJ
facility are based on 15% increase from FY2016-2017 actual participation.
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AGREEMENT FOR COUNTYWIDE Page 16 of 26
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
Attachment B: Estimated Annual HHW Program Fixed Costs for Fiscal Years 2019, 2020, and 2021
FIXED COST
Staff Salary and Benefits .5 HMPM,Sr. HMS, 3 HMTs, Acct II,
Sr MA, AMA, .8 OSIII, $1,210,647
County Admin Overhead $242,129
County Counsel $13,000
Phones and Communications $10,100
Facilities Lease Costs San Jose $174,911
Vehicle Costs $32,500
Office Supplies and postage $1,825
Maintenance, Software $27,000
HHW Hotline $38,500
Garbage & Utilities $34,750
Membership & Dues $10,000
Training & Conference $4,600
Safety Wear $11,000
Printing $5,800
Other Services & Supplies $46,500
ESTIMATED ANNUAL TOTAL $1,863,262
DocuSign Envelope ID: BD0A3FA1-5984-4668-B335-3A263A4D4C73
AGREEMENT FOR COUNTYWIDE Page 17 of 26
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2018-2019*
2018/Month Day Date Location Type of
Event
County Holidays/
Notes
July Fri,Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 5,6,7 San Jose Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Thurs,Fri,Sat 19,20,21 San Jose Permanent
Saturday 21 Sunnyvale Temporary
Thurs,Fri,Sat 26,27,28 San Jose Permanent
August Fri,Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Saturday 11 Mountain
View
Temporary
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Thurs,Fri,Sat 23,24,25 San Jose Permanent
September Thurs,Fri,Sat 30,31,1 No Event No Event LABOR DAY
WEEKEND
Fri,Sat 7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
Saturday 29 Santa Clara Temporary
October Fri,Sat 5,6 San Martin Permanent
Saturday 4,5,6 San Jose Permanent
Thurs,Fri,Sat 11,12,13 San Jose Permanent
Thurs,Fri,Sat 18,19,20 San Jose Permanent
Saturday 20 Sunnyvale Temporary
Thurs,Fri,Sat 25,26,27 San Jose Permanent
November Fri,Sat 2,3 San Martin Permanent
Thurs,Fri,Sat 1,2,3 San Jose Permanent
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Thurs,Fri,Sat 22,23,24 No Event No Event THANKSGIVING
December Fri,Sat 30,1 San Martin Permanent
Thurs,Fri,Sat 29,30,1 San Jose Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 No Event No Event
DocuSign Envelope ID: BD0A3FA1-5984-4668-B335-3A263A4D4C73
AGREEMENT FOR COUNTYWIDE Page 18 of 26
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY COLLECTION
EVENTS FOR FISCAL YEAR 2018-2019 (Continued)
2019/Month Day Date Location Type of Event County Holidays/ Notes
January Fri,Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 3,4,5 San Jose Permanent
Thurs,Fri,Sat 10,11,12 San Jose San Jose
Thurs,Fri,Sat 17,18,19 San Jose San Jose
Saturday 19 Sunnyvale Temporary
Thurs,Fri,Sat 24,25,26 San Jose Permanent
February Fri,Sat 1,2 San Martin Permanent
Thurs,Fri,Sat 31,1,2 San Jose Permanent
Thurs,Fri,Sat 7,8,9 San Jose Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Thurs,Fri,Sat 21,22,23 San Jose Permanent
March Fri,Sat 1,2 San Martin Permanent
Thurs,Fri,Sat 28,1,2 San Jose Permanent
Thurs,Fri,Sat 7,8,9 San Jose Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Thurs,Fri,Sat 21,22,23 San Jose Permanent
Thurs 28 San Jose Permanent
Fri & Sat 29 & 30 No Event No Event Caser Chavez Day
April Fri,Sat 5,6 San Martin Permanent
Thurs,Fri,Sat 4,5,6 San Jose Permanent
Thurs,Fri,Sat 11,12,13 San Jose Permanent
Saturday TBD Los Altos Temporary
Thurs,Fri,Sat 18,19,20 San Jose Permanent
Saturday 20 Sunnyvale Temporary
Thurs,Fri,Sat 25,26,27 San Jose Permanent
Saturday 27 Santa Clara Temporary
May Fri,Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Thurs,Fri 23,24 San Jose Permanent
Saturday 27 No Event No Event MEMORIAL DAY
WEEKEND
June Fri,Sat 31,1 San Martin Permanent
Thurs,Fri,Sat 30,31,1 San Jose Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Saturday 22 Milpitas Temporary
Thurs,Fri,Sat 27,28,29 San Jose Permanent
*SUBJECT TO CHANGE 11/16/2017
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AGREEMENT FOR COUNTYWIDE Page 19 of 26
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
ATTACHMENT D: COUNTY HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
1. 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 designated City HHW Coordinator(s) 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, social media outlets and television public access stations. Be aware
of communities where multiple language outreach efforts 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.
5. Collection Events
Temporary collection events can be set-up at various sites including parking lots, city
maintenance yards, within neighborhoods needing service, and at landfills or a
DocuSign Envelope ID: BD0A3FA1-5984-4668-B335-3A263A4D4C73
AGREEMENT FOR COUNTYWIDE Page 20 of 26
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
centralized location to service larger segments of the population. Waste collected
will be transported with a transportation vehicle provided by the HHW Program. In
addition, 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 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.
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AGREEMENT FOR COUNTYWIDE Page 21 of 26
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
Services to businesses will be provided on a cost recovery basis and according to
Section 12 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.
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.
DocuSign Envelope ID: BD0A3FA1-5984-4668-B335-3A263A4D4C73
EXHIBIT B-2D (revised)
Rev. 09/2016
INSURANCE REQUIREMENTS FOR
ENVIRONMENTAL SERVICES CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.)
Indemnity
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 contests its obligation to indemnify, defend and/or hold
harmless the County under this Agreement and does not prevail in that contest.
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.
ATTACHMENT E
AGREEMENT FOR COUNTYWIDE Page 22 of 26
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
DocuSign Envelope ID: BD0A3FA1-5984-4668-B335-3A263A4D4C73
EXHIBIT B-2D (revised)
Rev. 09/2016
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
AGREEMENT FOR COUNTYWIDE Page 23 of 26
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
DocuSign Envelope ID: BD0A3FA1-5984-4668-B335-3A263A4D4C73
EXHIBIT B-2D (revised)
Rev. 09/2016
additional insured endorsement as applicable and the contractor shall be notified by
the contracting department of these requirements.
4.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
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.
7.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.
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EXHIBIT B-2D (revised)
Rev. 09/2016
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:
1.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.
3.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
AGREEMENT FOR COUNTYWIDE Page 25 of 26
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
DocuSign Envelope ID: BD0A3FA1-5984-4668-B335-3A263A4D4C73
EXHIBIT B-2D (revised)
Rev. 09/2016
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.
AGREEMENT FOR COUNTYWIDE Page 26 of 26HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
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