HomeMy WebLinkAboutCounty of Santa Clara (8)LOSALTOS HILLS
CALIFORNIA
June 23, 2021
Department of Resources Recycling and Recover (CalRecycle)
P.O. Box 4025
Sacramento, CA 95812-4025
Re: Letter of Authorization
Dear CalRecycle:
I am the City Manager for the Town of Los Altos Hills. I am authorized to contractually bind
Los Altos Hills. Pursuant to this authority, I hereby authorize the County of Santa Clara to
submit a regional application and at as Lead Agency on behalf of Los Altos Hills. The County
of Santa Clara is hereby authorized to execute all documents necessary to implement the project
under the Used Oil Payment Program, 12" Cycle (OPP12).
Sincerely,
a ca
Carl Cahill
City Manager
26379 Fremont Road
Los Altos Hills
California 94022
650/941-7222
Fax 650/941-3160
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 Sereno, Mountain
View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of
Santa Clara (COUNTY) on the 21 st day of May 2021. 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 a countywide integrated waste management plan;
WHEREAS, State law, Public Resource Code Section 41750, requires that the
countywide integrated waste management plans contain a household hazardous waste ("HHW")
element for each city within the county as well as for the unincorporated area of the county;
WHEREAS, the County of Santa Clara Board of Supervisors ("Board") has imposed a
Countywide AB939 Implementation Fee ("Fee") since July 1, 1992 to pay for the costs of
preparing, adopting, and implementing integrated waste management plans and programs,
including HHW program elements;
WHEREAS, the Board has approved reimposing the Fee for Fiscal Years 2022, 2023,
and 2024 (July 1, 2021 through June 30, 2024) at $4.10 per ton of waste landfilled or incinerated
in the County; received at any nondisposal 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; and removed from any location in the County by any person
or business for disposal or incineration outside the County;
WHEREAS, HHW programs provide household hazardous waste management services
to residents of Santa Clara County and are necessary to meet HHW planning and management
requirements under State law;
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 or in any other 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 AB939
Implementation Fee FYs 2022 - 2024
Page 1 of 14
WHEREAS, the County will collect the Fee on behalf of the fifteen cities and for the
unincorporated area of the County 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 of waste to be disposed in Fiscal
Years 2022, 2023 and 2024. 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 Fee of $2.60 per ton to provide funding to implement the
Countywide HHW Program. The Program Fee will be allocated among the CITIES and
COUNTY as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee
will be allocated to the COUNTY, CITIES, and Countywide HHW Program 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.
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 2022 - 2024
Page 2 of 14
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 if it is landfilled or incinerated in the County;
received at any non -disposal facility or collection facility in the County and subsequently
transported for disposal or incineration outside the County; collected from any location within
the County by a solid waste hauler operating under franchise, contract, license, or permit issued
by a local jurisdiction and subsequently transported for disposal or incineration outside the
County; or removed from any location in the County by any person or business for disposal or
incineration outside the County. Best efforts will be made to prevent tonnage from being
assessed a double fee (for instance, 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 CITIES' 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 be applied to fund the costs of CITIES' share of Countywide Household
Hazardous Waste services; any HHW fees directly disbursed to CITIES as provided in this
Agreement shall be used to fund the costs of preparing, adopting, and implementing the
jurisdiction's HHW element of the Countywide integrated waste management plan, including
providing HHW services to residents.
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
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 3 of 14
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 AB939 Program Fee to CITIES and the HHW Program Fee
to 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 distribution amounts. Distributions shall begin December 15,
2021, and continue quarterly through October 15, 2024.
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.
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 4 of 14
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. 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, 2021 to June 30, 2024, 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, 2021. Said landfills and non -disposal
facilities will be billed for the Fee through June 30, 2024.
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 party at the address set forth below or at such address as the
party may designate in writing in accordance with this section.
City of _
Contact:
Title:
Address:
County of Santa Clara
Contact: Recycling and Waste Reduction Program Manager
Recycling and Waste Reduction Division
Address: 1555 Berger Drive, Suite 300
San Jose, CA 95112
17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 5 of 14
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
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.
20. 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.
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
- -Pag 6 of 14 - - -- ---- -
IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:
Date:
COUNTY OF SANTA CLARA
MIKE WASSERMAN, President
Board of Supervisors
Date: 5 a� ae "CITY"
CITY/TOWN OF LOS ALTOS HILLS
Title Ci1y Manager
A municipal corporation
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST:
MEGAN DOYLE
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
STEPHANIE SAFDI
Deputy County Counsel
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
- Page 7 of 14 - -- -- - - - —
EXHIBIT A
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
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
Lam Hauling Inc. Chipping and Grinding
Lam Hauling Inc. Inert Debris Type A
Leo Recycle
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 2022 - 2024
Page 8 of 14
EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each of the CITIES, and the COUNTY for its unincoporated area, will receive $1.50 per
ton of solid waste disposed of in landfills or taken to non -disposal facilities located in Santa
Clara County that originates from that jurisdiction, as documented in quarterly reports submitted
by the County to the State Disposal Reporting System.
Fees collected from undocumented disposed tonnage, or tonnage originating outside of
Santa Clara County, will be distributed according to each jurisdiction's percent of countywide
population, according to the latest available population report issued by the California
Department of Finance.
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 9 of 14
EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section
41500 et seq. Public Resources Code Section 41901 authorizes imposition of a fee to support
planning and implementation of integrated waste management programs, including their HHW
elements. 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 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 CITIES' anticipated
participation at the County Household Hazardous Waste Collection Facility located at
1608 Las Plumas Avenue, San Jose.
C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation,
and other services provided to residents at the County HHW Collection Facilities and at
temporary HHW collection events. The Variable Cost Per Car is based on the estimated
cost of providing 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 is allocated based on tonnage generated per
participating jurisdiction, and after allocation of Fixed Program Costs, San Jose Facility
Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at
Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section
41904.
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 10 of 14
2. FIXED PROGRAM COST
Funds shall be allocated on a per household basis for Fixed Program Costs at the
conclusion of each Fiscal Year. This portion of the funds shall be distributed directly to the
Countywide HHW Program to pay for HHW Program costs. Fixed Program Costs funding shall
be calculated shall not exceed $3.75 per household in Fiscal Years 2022, 2023, and 2024. Fixed
Program Costs may include, but are not limited to eleven (11) 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.
3. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at
Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the
cost to the County to dispose of abandoned waste allocated among participating jurisdictions
based on their proportional share of the County population and shall not exceed $0.05 per
household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05
per household are set forth in Attachment A, attached hereto and incorporated herein.
Any existing unexpended non-profit abandoned waste fund balance may be allocated toward
funding of disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as
defined in Public Resources Code Section 41904.
For the purposes of this agreement, a nonprofit charitable reuse organization has the
definition provided in Public Resources Code Section 41904 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 total San Jose Facility Use Surcharge for CITY will be based on CITY residents'
proportional participation at the County Household Hazardous Waste Collection Facility located
at 1608 Las Plumas Avenue, San Josd. The San Jose Facility Use Surcharge will vary depending
on facility usage but will not exceed $8.29 per car for Fiscal Years 2022, 2023, and 2024. 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 $58.20 per car for
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 11 of 14
Fiscal Years 2022, 2023, and 2024. 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 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 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. CITIES
authorize the COUNTY to determine appropriate uses of available discretionary funding and to
use CITIES' Available Discretionary Funding portion of the AB939 HHW Fee to provide for
additional HHW services requested by the CITIES.
7. PROGRAM FUNDING PASS-THROUGH
Annual funding calculations include HHW Fees collected on behalf of all jurisdictions in
the County. CITIES, at their option, may participate in the Countywide HHW Program by
entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM. If CITIES elect to participate in the Countywide HHW Program,
their pro -rata share of the HHW Fee shall be retained by the County to utilize for HHW Program
costs, as provided in this Agreement and the Agreement for Countywide Household Hazardous
Waste Collection Program. The COUNTY will distribute to CITIES not participating in the
Countywide Household Hazardous Waste Collection Program their pro -rata share of funding
received by the COUNTY from the HHW Fee, except that the COUNTY may retain and expend
that portion of the non -participating CITIES' fee attributable to Abandoned Waste Disposal
Costs.
If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM desire to allow 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. Liability shall be apportioned as provided in Exhibit D to this
Agreement.
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 12 of 14
EXHIBIT D
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 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 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.
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 13 of 14
COUNTY shall require Conditionally Exempt Small Quantity Generators ("CESQG")
and Nonprofit Charitable Reusers to indemnify COUNTY for, at minimum, 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.
2378874
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024
Page 14 of 14
AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement is made by and between the
County of Santa Clara (COUNTY) on the
Town of Los Altos Hills
RECITALS
day of
(CITY) and the
2021.
WHEREAS, the County Board of Supervisors has approved a Countywide Household
Hazardous Waste Collection Program whereby residents of the County and cities and towns
participating in the Countywide program 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, CITY desires 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, CITY desires 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; and
WHEREAS, CITY desires to schedule Household Hazardous Waste Collection Events
(Events) for residents for FY 2022 through FY 2024 (July 1, 2021 — June 30, 2024); and
WHEREAS, CITY desires to provide household hazardous waste collection services to a
minimum of 4% of the households per fiscal year in its jurisdiction; and
WHEREAS, CITY desires to participate in the Countywide Household Hazardous Waste
Collection Program to meet these objectives; and
WHEREAS, pursuant to Public Resources Code Section 41901, the County Board of
Supervisors has approved the collection of a $4.10 per ton Countywide AB939 Implementation
fee, including a $2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2022
through FY 2024 (July 1, 2021 — June 30, 2024) on all wastes 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
Agreement for Countywide Household
Hazardous Waste Collection Program Page 1 of 26
WHEREAS, the AB939 HHW Fee is allocated to the Countywide Household Hazardous
Waste Program and participating jurisdictions to fund HHW program costs in accordance with
the terms of the Countywide AB939 Implementation Fee Agreement; and
WHEREAS, CITY desires for COUNTY to utilize CITY's share of the AB939 HHW
Fee to provide HHW services for CITY residents.
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 with the County.
2. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section
41500 et seq. State law authorizes cities and counties to impose fees in amounts sufficient to
support planning and implementation of integrated waste management programs, including
HHW elements. The AB939 HHW Fee, of $2.60 per ton, imposed by the County as part of the
AB939 Implementation Fee and collected and distributed in accordance with the AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding
for CoHHW Program services. CITY agrees that COUNTY may utilize CITY's share of the
AB939 HHW fee to provide HHW Program services in accordance with the terms and conditions
of this Agreement.
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 residents'
participation at the County Household Hazardous Waste Collection Facility
located at 1608 Las Plumas Avenue, San Jose, CA 95133.
C. Variable Cost Per Car is the cost associated with labor, waste disposal,
transportation, and other services provided to residents at the County HHW
Collection Facilities and at temporary HHW collection events. The Variable Cost
Per Car is based on the estimated cost of providing a base level service to 4% of
Agreement for Countywide Household
Hazardous Waste Collection Program Page 2 of 26
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 is allocated based on tonnage generated per
participating jurisdiction, and after allocation of Fixed Program Costs, San Jose
Facility Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned
at Nonprofit Charitable Reuser organizations as defined in Public Resources Code
Section 41904.
The projected AB939 HHW Fee Allocation by jurisdiction is set out in Attachment A,
attached hereto and incorporated herein.
3. FIXED PROGRAM COST
Estimated HHW Fixed Program Costs are projected in Attachment B, attached hereto and
incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal
year based on CITY's proportional share of the County population and will not exceed $3.75 per
household for Fiscal Years 2022, 2023, and 2024. Fixed Program Costs may include, but are not
limited to, up to eleven (11) County HHW Program staff members, facility lease 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 Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at
Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the
cost to the County to dispose of abandoned waste allocated among participating jurisdictions
based on their proportional share of the County population and shall not exceed $0.05 per
household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05
per household are set forth in Attachment A, attached hereto and incorporated herein.
For the purposes of this Agreement, "Nonprofit Charitable Reuser Organization" is
defined in accordance with Public Resources Code Section 41904 as follows: 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 total San Jose Facility Use Surcharge for CITY will be based on CITY residents'
proportional participation at the County Household Hazardous Waste Collection Facility located
Agreement for Countywide Household
Hazardous Waste Collection Program Page 3 of 26
at 1608 Las Plumas Avenue, San Jose. Estimated San Jose Facility Use Surcharges are projected
in Attachment A, attached hereto and incorporated herein. The San Josd Facility Use Surcharge
will vary depending on facility usage but will not exceed $8.29 per car for Fiscal Years 2022,
2023, and 2024.
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 $58.20 per participating resident car for Fiscal Years 2022, 2023
and 2024. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed
Program Costs and San Josd 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 the CITY, the
CoHHW Program may use the remaining balance of funds, in cooperation with the CITY, 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 Josd Facility Use Surcharge, and Variable Cost Per Car allocation.
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. COUNTY has discretion to determine appropriate uses of
Available Discretionary Funding in accordance with the terms and conditions in this Agreement,
and to apply the funding toward those uses.
8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The County of Santa Clara 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 and this Agreement. 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.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 4 of 26
9. PROGRAM PUBLICITY
The CoHHW Program shall produce and make available to the public an 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 HHW promotion communications to residents for local
and CITY newsletters, newspapers and to the electronic media;
• Providing the CoHHW Program with a copy of HHW promotion materials
produced by the CITY; and,
• Conducting and supporting outreach and publicity to attain the goal of 4% of
households in the CITY participating in the CoFIHW Program.
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.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 5 of 26
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, CA 95046
♦ San Jose, 1608 Las Plumas, San Jose, CA 95133
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) in accordance with California Health and Safety Code
Section 25218.3, as amended from time to time. Eligible businesses within the County will be
allowed to bring their hazardous waste to CoHHWCF. These services to businesses located
within the CITY 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. The CITY may choose to pay for
services for CESQG's within the City of San Jose and will notify the COUNTY in writing with
30 -day advance notice in order to exercise this option. If the CITY exercises this option, the
COUNTY will invoice the CITY for all costs associated with CSQG's within the CITY. If CITY
has available Discretionary Funding, COUNTY may use this funding to pay for CESQG costs.
For purposes of this Agreement, CESQG has the meaning provided by Health and Safety Code
Section 25218.1.
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.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 6 of 26
B) NONPROFIT CHARITABLE REUSER
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 the CITY or any other participating
jurisdiction.
14. HOUSEHOLD HAZARDOUS WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to those materials that qualify as
Hazardous Waste under Health and Safety Code Section 25218. 1, as amended from time to time.
These materials 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 must augment funding provided under this Agreement to cover the cost of a
minimum participation level of 4% of CITY households; CITY may also elect to augment
funding to provide additional services to increase CITY participation beyond the 4% minimum
participation level. Additional services shall be made available upon written agreement between
the CITY's authorized representative and the County Executive Officer or designee. 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.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 7 of 26
CITY agrees to augment up to an additional $ 4,413.00 to the Countywide HMW
Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household
participation above the 4% minimum participation level at the scheduled collection dates listed
in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated,
where applicable, 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 HMW Fee, if available, to offset 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 H14W 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 2022 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 for
services that would supplement existing HHW services such as permanent collection sites,
equipment, retail take -back collection and operational funding. If outside funding is obtained,
the CoHHW Program will, at COUNTY's discretion, proceed with development of additional
programs using that outside funding without drawing on CITY's funding provided under this
Agreement.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 8 of 26
20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION
The CITY authorizes the CoHHW Program to apply for lead agency grants, including but
not limited to Used Oil Payment Program grants, from the California Department of Resources
Recycling and Recovery (CalRecycle), on behalf of participating jurisdictions. 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
the COUNTY or a participating jurisdiction from applying for grant funds in any case where the
CoHHW Program does not apply for the grant opportunity.
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, 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, including the CITY, 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.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 9 of 26
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-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.
24. WASTE TRACKING AND REPORTING
COUNTY will provide a mid -year report to CITY regarding participation rates from each
participating jurisdiction by March 15 of each year. 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 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.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 10 of 26
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, at minimum, 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.
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, 2021 to June 30, 2024, or until all
revenue from the last quarter's AB939 fee payments have expended and/or distributed,
whichever is later.
Agreement for Countywide Household
Hazardous Waste Collection Program Page I 1 of 26
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 LOS ALTOS HILLS City Representative Carl Cahill
Representative's Title City Manager
City Address 26379 Fremont Road
Los Altos Hills, CA 94022
Santa Clara County Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San Jose, California 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
Agreement for Countywide Household
Hazardous Waste Collection Program Page 12 of 26
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.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the
dates as stated below:
Date:
COUNTY OF SANTA CLARA
JEFFREY V. SMITH
County Executive
Date: d 9 "CITY"
CITY/TOWN OF LOS ALTOS HILLS
Title Carl Cahill, City Manager
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:
STEPHANIE SAFDI
Deputy County Counsel
Attachments:
A Projected Fiscal Years 2022, 2023, and 2024 A13939 HHW Fee Funding Allocation by
Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2022, 2023, and 2024
C HHW Schedule of Collection Events for Fiscal Year 2022
D Household Hazardous Waste Emergency Collection Plan
E Exhibit B -2D (revised) Insurance Requirements for Environmental Services Contracts
2378821
Agreement for Countywide Household
Hazardous Waste Collection Program Page 13 of 26
ATTACHMENT A: PROJECTED FISCAL YEARS 2022-2024 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 $3.75
per HH
SJ Facility $8.29
Surcharge
Variable Cost
$58.20 per Car
Abandoned
Waste Disposal
Cost $.05 per
Household
Discretionary
Fund
Estimated
Augmentation
Anticipated
Participation
Anticipated
Particiation
at SJ
Facility
Campbell
18,158
726
40,970
$ 106,521
$ 68,093
$ 7,162
$ 42,272
$ 908
$ (11,913)
$ 45,525
1,268
1,221
Cupertino
21,050
842
41,603
$ 108,168
$ 78,938
$ 4,242
$ 49,004
$ 1,053
$ (25,06B)i
S 36,963
1,034
723
Gilroy
16,676
667
5301
$ 139,571
$ 62,535
$ 1,086
$ 38,822
$ 834
$ 36,295
$ 23,027
1,038
185
Los Altos
11,677
467
1 17,6713
$ 45,963
$ 43,789
$ 4,188
$ 27,184
$ 584
$ (29,781)
$ 90,803
1,451
714
Los Altos Hills
3,180
127
9,303
$ 24,188
$ 11,925
$ 958
$ 7,403
$ 159
$ 3,743
$ 4,413
259
163
Los Gatos
13,637
545
25,338
$ 65,878
$ 51,139
$ 6,784
$ 31,747
$
$ (24,474)
$ 66,018
1,216
1,157
Milpitas
22,553
902
100,225
$ 260,586
$ 84,574
$ 51247
$ 52,503
$
169
$ 117,135
$ 24,851
1,303
895
Monte Serena
1,383
55
1,278
$ 3,323
$ 5,186
$ 789
$ 3,220
$
$ (5,941)
$ 11,138
139
135
Morgan Hill
15,350
614
43,759
$ 113,774
$ 57,563
$ 2,252
$ 35,735
$ 768
$ 17,456
S 78,579
1.8811
384
Mountain View
36,727
1,469
77,033
$ 200,285
$ 137,728
$ 4,700
$ 85,500
$ 1,836
$ (29,478)
$ 39,356
1,628
B02
Palo Alto
29,298
0
63,437
$ 164,936
$
$
$ 1,465
$ 163,471
San Jose
338,507
13,460
810,331
$ 2,106,860
$ 1,261,901
$ 114,172
$ 783,388
$ 16,825
$ (69,427)
$ 476,507
20,026
19,470
Santa Clara
48,975
1,959
160,175
$ 418,455
$ 183,656
$ 9,178
$ 114,014
$ 2,449
$ 107,157
$ 121,604
31920
1,565
Saratoga
11,301
452
19,996
$ 51,990
$ 42,379
$ 4,458
$ 26,309
$ 585
$ (21,720)
$ 45,244
831
760
Sunny.W
60,273
2,411
116,128
$ 301,932
$ 226,024
$ 6,717
$ 140,316
$ 3,014
$ (74,138)
$ 152,321
3,672
1,145
Unincorporated
18,558
742
38,112
$ 99,092
$ 69,593
$ 4,640
$ 43,203
$ 928
$ (19,271)
$ 57,932
1,677
791
Total
665,303
25,440
1,619,047
$ 4,209,522
$ 213854019
$ 176,572
$ 1,480,620
$ 33,265
$ 134,047
$ 1,274,282
41,345
30,110
Notes: Number of HH and Disposal tonnage are based on FY2019-2020 actuals. Anticipated participation and
anticipated participation at SJ facility are based on 15% increase from FY2018-2019 actual participation.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 14 of 26
ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS
FOR FISCAL YEARS 2022, 2023, AND 2024
FIXED COST
Staff Salary and Benefits
$1,568,216
County Admin Overhead
$421,899
County Counsel
$13,650
Phones and Communications
$10,605
Facilities Lease Costs
San Jose
$176,572
Vehicle Costs
$34,125
Office Supplies and postage
$1,916
Maintenance, Software
$115,500
HHW Hotline
$50,000
Garbage & Utilities
$36,488
Membership & Dues
$15,750
Training & Conference
$5,250
Safety Wear
$21,840
Printing
$13,583
Other Services & Supplies
$56,175
ESTIMATED ANNUAL TOTAL $2,541,568
Agreement for Countywide Household
Hazardous Waste Collection Program Page 15 of 26
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022*
2021/Month
Day
Date
Location
Type of Event
County Holidays/ Notes
July
Thurs,Fri
1,2
San Jose
Permanent
Satnrd
3
No Event
No Event
4th OF JULY WEEK
Wed,Thurs,Fri,Sat
7,8,9,10
San Jose
Permanent
Fri,Sat
9,10
San Martin
Permanent
Thurs,Fri,Sat
15,16,17
San Jose
Permanent
Saturday
17
Sunnyvale
Temporary
TBD
Wed,Thurs,Fri,Sat
21,22,23,24
San Jose
Permanent
Thurs,Fri,Sat
29,30,31
San Jose
Permanent
August
Wed,Thurs,Fri,Sat
4,5,6,7
San Jose
Permanent
Fri,Sat
6,7
San Martin
Permanent
Thurs,Fri,Sat
12,13,14
San Jose
Permanent
Saturday
14
Mountain 4 ;
11
Wed,Thurs,Fri,Sat
18,19,20,21
San Jose
Permanent
Thurs,Fri,Sat
26,27,28
San Jose
Permanent
September
Wed,Thurs,Fri
1,2,3
San Jose
Permanent
Saturday
1 4
No Event
No Event
LABOR DAY WEEKEND
Thurs,Fri,Sat
9,10,11
San Jose
Permanent
Fri,Sat
10,11
San Martin
Permanent
Wed,Thurs,Fri,Sat
15,16,17,18
San Jose
Wed,Thurs,Fri,Sat
22,23,24,25
�Ia_ _
San Jose
i clifNUi�aly
Permanent
Thursday
30
San Jose
Permanent
October
Fri,Sat
1,2
San Jose
Permanent
Fri, Sat
1,2
San Martin
Permanent
Wed,Thurs,Fri,Sat
6,7,8,9
San Jose
Permanent
Thurs,Fri,Sat
14,15,16
San Jose
Permanent
TBD
VVed,Thurs,Fri,Sat
20,21,22,23
San Jose
Permanent
Thurs,Fri,Sat
28,29,30
San Jose
Permanent
November
Wed,Thurs,Fri,Sat
3,4,5,6
San Jose
Permanent
Fri, Sat
5,6
San Martin
Permanent
Fri,Sat
12,13
San Jose
Permanent
Wed,Thurs,Fri,Sat
17,18,19,20
San Jose
Permanent
Tuesday
23
San Jose
Permanent
Thurs,FrkSat
25,26,27
No Event
No Event
THANKSGIVING
December
Wed,Thurs,Fri,Sat
1,2,3,4
San Jose
Permanent
Fri, Sat
3,4
San Martin
Permanent
Wed,Thurs,Fri,Sat
8,9,10,11
San Jose
Permanent
Thurs,Fri,Sat
16,17,18
San Jose
Permanent
Tues,Wed,Thurs
21,22,23
San Jose
Permanent
FrkSat
24,25
No Event
No Event
CHRISTRM
Tues,Wed,Thurs
28,29,30
San Jose
Permanent
Fdft
31 1
No Event
No Evert
NEW YEAR s DAY
Agreement for Countywide Household
Hazardous Waste Collection Program Page 16 of 26
ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022* (Continued)
2022/Month
Day
Date
Location
Type of Event
County Holidays/ Notes
2022/Jan
Saturday
1
No Event
No Event
NEW YEAR's DAY
Thurs,Fri,Sat
6,7,8
San Jose
Permanent
Fri, Sat
7,8
San Martin
Permanent
Wed,Thurs,Fri,Sat
12,13,14,15
San Jose
Permanent
alp,
Wed,Thurs,Fri,Sat
19,20,21,22
San Jose
Permanent
Thurs,Fri,Sat
27,28,29
San Jose
Permanent
Saturday
29
Santa Clara
Tempora
J P, I)
February
Wed,Thurs,Fri,Sat
2,3,4,5
San Jose
Permanent
Fri, Sat
4,5
San Martin
Permanent
Thurs,Fri,Sat
10,11,12
San Jose
Permanent
Wed,Thurs,Fri,Sat
16,17,18,19
San Jose
Permanent
Thurs,Fri,Sat
24,25,26
San Jose
Permanent
March
Wed,Thurs,Fri,Sat
2,3,4,5
San Jose
Permanent
Fri, Sat
4,5
San Martin
Permanent
Thurs,Fri,Sat
10,11,12
San Jose
Permanent
Wed,Thurs,Fri,Sat
16,17,18,19
San Jose
Permanent
Wed,Thurs,Fri,Sat
23,24,25,26
San Jose
Permanent
April
Fri,Sat
1,2
San Jose
Permanent
Fri, Sat
1,2
San Martin
Permanent
Wed,Thurs,Fri,Sat
6,7,8,9
San Jose
Permanent
Saturday
9
Los Alto::
yen
Thurs,Fri,Sat
14,15,16
San Jose
Saturday
16
Sunnyvale
TFs3
Wed,Thurs,Fri,Sat
20,21,22,23
San Jose
Thurs,Fri,Sat
28,29,30
San Jose
Saturday
30
Santa Clara
May
Wed,Thurs,Fri,Sat
4,5,6,7
San Jose
arrr ane
Fri, Sat
6,7
San Martin
Permanent
Thurs,Fri,Sat
12,13,14
San Jose
Permanent
Wed,Thurs,Fri,Sat
18,19,20,21
San Jose
Permanent
Thurs,Fri
26,27
San Jose
Permanent
Sato
28
No Event
No Event
MENTOR 4L DAY WEEKEND
June
Wed,Thurs,Fri,Sat
1,2,3,4
San Jose
Permanent
Fri, Sat
3,4
San Martin
Permanent
Thurs,Fri,Sat
9,10,11
San Jose
Permanent
Wed,Thurs
15,16
San Jose
Permanent
Erkby
17
No Event
No Event
JUNETEENTH DAY
Saturday
18
San Jose
Permanent
Saturday
25
Milpitas.
Temporary
TBD
Thurs,Fri,Sat
23,24,25
San Jose
Permanent
Wed,Thurs
29,30
San Jose
Permanent
*SUBJECT TO CHANGE
Agreement for Countywide Household
Hazardous Waste Collection Program Page 17 of 26
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
Agreement for Countywide Household
Hazardous Waste Collection Program Page 18 of 26
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 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.
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,
Agreement for Countywide Household
Hazardous Waste Collection Program Page 19 of 26
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 responsibility to pursue reimbursement from State or Federal agencies.
State Office of Emergencv 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 Emergencv Management Svstem (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.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 20 of 26
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
ATTN: Hazardous Materials Program Manager
(408)-918-1967
For Non -Emergency after-hours, contact County Communications at: (408) 977-3220
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.
Cal OES Public Safety Communications Main Office
601 & 630 Sequoia Pacific Boulevard
Sacramento, CA 95811
(916) 657-9494
Cal OES
3650 Schriever Avenue
Mather, CA 95655-4203
(916) 845-8510
CHEMTREC Emergency number, (800) 424-9300
Non -emergency (800) 262-8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The
Center was developed as a resource for obtaining immediate emergency response information to
mitigate accidental chemical releases, and as a means for emergency responders to obtain
technical assistance from chemical industry product safety specialists, emergency response
coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents
involving chemicals.
Agreement for Countywide Household
Hazardous Waste Collection Program Page 21 of 26
ATTACHMENT E
EXHIBIT B -2D (revised)
INSURANCE REQUIREMENTS FOR
ENVIRONMENTAL SERVICES CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.)
Indermifty
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.
Insnrance
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 Coveraize
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.
Agreement for Countywide Household Page 22 of 26
Hazardous Waste Collection Program
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 liabilily 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 Count
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 Household Page 23 of 26
Hazardous Waste Collection Program
EXHIBIT B -2D (revised)
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.
Agreement for Countywide Household Page 24 of 26
Hazardous Waste Collection Program
EXHIBIT B -2D (revised)
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 Household Page 25 of 26
Hazardous Waste Collection Program
EXHIBIT B-21) (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.
Agreement for Countywide Household Page 26 of 26
Hazardous Waste Collection Program