HomeMy WebLinkAbout26-09 • •
RESOLUTION NO 2 6-0 9
RESOLUTION OF THE CITY COUNCIL
OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGENCY AGREEMENTS FOR
COUNTYWIDE AB939 IMPLEMENTATION FEE AND
HOUSEHOLD HAZARDOUS WASTE (1-1I1W) COLLECTION PROGRAM
WHEREAS,the County Board of Supervisors has created a Countywide Household
Hazardous Waste (HHW) Collection Program whereby residents of the county and
participating jurisdictions will have an opportunity to safely dispose of HHW,regardless of
the specific location at which an event has been scheduled; and
WHEREAS,the City Council of the Town has read and considered Agency
Agreement for Countywide AB939 Implementation Fee and Agency Agreement for
Countywide Household Hazardous Waste (HHW) Collection Program; and
NOW, THEREFORE,BE IT RESOLVED by the City Council of the Town of Los
Altos Hills that the Mayor is hereby authorized and directed to execute the following
agreements on behalf of the Town of Los Altos Hills:
1. Agency Agreement for Countywide AB939 Implementation Fee
2. Agency Agreement for Countywide Household Hazardous Waste (HHW) Collection
Program ( J
PASSED AND ADOPTED this / ay of`7/L'L &' 7 , 2009
By:
Mayor
ATTEST:
City Cl
Aft-
FIRST AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
This is the First Amendment to the "Agency Agreement for Countywide Household
Hazardous Waste Collection Program," (AGREEMENT) by and between the Town of
Los Altos Hills (CITY) and the County of Santa Clara, (COUNTY), which was
effective on July 1, 2009.
The COUNTY and the CITY agree that:
1. Section 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT is
amended in full as set forth in Exhibit A, attached hereto and
incorporated by reference herein.
Except as amended herein, all terms and conditions of said AGREEMENT and the
Amendment thereto shall remain in full force and effect.
IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized
representatives, have entered into this First Amendment to the AGREEMENT on the
date shown below:
COUNTY OF SANTA CLARA TOWN OF LOS ALTOS HILLS
Signature: Signature:
Kevin O'DayName: Co c
edU
Acting Director of Department of Agriculture and
Environmental Management Title: C,�1 Nan n-e-
c'
I
Date: ' K r (0 Date: - 0 '2,0 0 0
APPROVED AS TO FORM AND LEGALITY APPROVED BY THE OFFICE
OF THE COUNTY EXECUTIVE
• .
Err: •� G. Pianca • n e.-Ileg,i s
Deputy County Counsel 1, - Co Executive
Date: o 3/ i p/ a.o t o • Date: ° 2 2 1()
AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement is made by and between the Tmoo d- )A35 A N 411 S (CITY) and
the County of Santa Clara(COUNTY) on the Z 3 day of J u, -' 2009.
RECITALS
WHEREAS,the County Board of Supervisors has approved a Countywide
Household Hazardous Waste Collection Program whereby residents of the County
and participating jurisdictions will have an opportunity to safely dispose of household
hazardous wastes, regardless of the specific location at which the collection has been
scheduled; and
WHEREAS,theparticipating jurisdictions desire to provide residents with
convenient opportunities to safely dispose of their household hazardous waste (HHW)
in order to encourage the proper disposal of toxic products, and avoid unauthorized or
improper disposal in the garbage, sanitary sewer, storm drain system, or on the
ground, in a manner which creates a health or environmental hazard; and
WHEREAS,the participating jurisdictions desire to provide a safe,
convenient, and economical means for residents to dispose of household hazardous
wastes. These wastes include,but are not limited to, common household products
such as household cleaning products, spot remover, furniture polish, solvents, oven
cleaner,pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury
thermostats, fluorescent lamps containing mercury, household batteries, and
electronic waste. Residents of the CITY listed above will be eligible to bring
household hazardous wastes to any household hazardous waste collection event or
facility where these wastes will be accepted for proper disposal as described below;
and
WHEREAS, the COUNTY Board of Supervisors approved on February 7,
2006 to modify the Countywide Household Hazardous Waste Program to include the
collection and management of electronic waste (e-waste)which includes, but not
limited to, radios,televisions, computers, printers, monitors,photocopying machines,
fax machines, oscilloscopes, computing accessories; and
WHEREAS,the participating jurisdictions desire to schedule Household
Hazardous Waste Collection Events (Events) for residents for FY 2010; and
WHEREAS,the participating jurisdictionsdesire 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 2010 on each ton of waste
landfilled or incinerated within the county,received at any non-disposal or collection
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 1
• •
The projected Fiscal Year 2010 AB939 HHW Fee funding allocation by jurisdiction
is set out in Attachment A.
3. FIXED PROGRAM COST
Fixed Program Costs shall be $1.85 for FY 2010. Estimated HHW Fixed Costs for
FY 2010 are projected in Attachment B. Fixed Program Costs may include, but are
not limited to eight(8) 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 increases.
4. ABANDONED WASTE DISPOSAL COST
The existing unexpended non-profit abandoned waste fund balance of$145,000 will
fund disposal of HHW illegally abandoned at nonprofit charitable reuser
organizations as defined in Public Resources Code Section 41904.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor,waste disposal,
transportation and other services provided to the residents at the County Household
Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The
Variable Cost Per Car is estimated to be approximately$67 per car for Fiscal Year
2010. The estimated cost per car will be adjusted to reflect actual service costs. After
Fixed Program Costs are allocated on a per household basis,the Variable Cost Per
Car will be used to calculate the costs to service 4% of households across all
participating jurisdictions. If the level of 4% of households is not reached in a
particular jurisdiction, the CoHHW Program will use the remaining balance of funds,
in cooperation with the CITY that has less than 4%participation levels,to increase
public outreach and/or provide additional services in that jurisdiction the following
year.
6. 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 and Variable Per Car Costs. Available
Discretionary Funds will be paid as directed by each jurisdiction. Available
Discretionary Funds must be used for HHW purposes. Options for how to spend
number of residents served
not limited to, increasingthe
funds include,
these but are
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, or providing special
programs such as door-to-door collection of HHW for the elderly and/or persons with
disabilities and neighborhood clean-up events.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 3
• •
9. DELEGATION OF AUTHORITY
The Board of Supervisors delegates all CoHHW Program management to the
Department of Agriculture and Environmental Management. The Director of the
Department of Agriculture and Environmental Management has the authority to
execute all vendor contracts necessary to operate the program,to execute any
necessary license agreements,to add additional HHW services provided on a cost
recovery basis, to amend any contracts or agreements, and to terminate any contracts
or agreements. All contracts, agreements, and amendments shall first be approved by
County Counsel as to form and legality and the Office of the County Executive.
10. TEMPORARY HHW EVENTS
COUNTY shall conduct HHW Events at various sites located in.Santa Clara County.
COUNTY shall obtain all necessary permits and licenses required for the 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.
11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at the following three County
Household Hazardous Waste Collection Facilities (CoHHWCF): Sunnyvale
Recycling Center, 164 Carl Road, Sunnyvale; 13055 Murphy Avenue, San Martin;
and, 1608 Las Plumas Avenue, San Jose. The San Jose facility is expected to open in
May 2010 and collection,operations at the San Jose facility will commence after the
facility has opened.
The CoHHWCF will operate a reuse program, offering usable materials to the public
at no charge. The COUNTY shall obtain all necessary permits and licenses required
for the CoHHWCF and shall provide or contract for services, equipment, and supplies
to properly receive,package, label, haul,recycle and dispose of wastes collected.
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. This program will not be subsidized by participating jurisdictions.
Services to businesses will be provided on..a cost recovery basis,which will include
program administration, ori-site collection, transportation, and disposal costs.
COUNTY will assume responsibility for collecting fees from participating
businesses. The fees collected by the COUNTY are established in Attachment D,
Santa Clara County CESQG Drop-off Price List. The COUNTY retains the
discretion to change the Santa Clara County CESQG Drop-off Price List at any time
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5
• •
16. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These
include,but are not limited.to, compressed gas cylinders larger than 5 gallons,
radioactive materials,and explosives. Other wastes not accepted by the CoHHW
Program axe 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.
17. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY may elect to augment funding provided for in this Agreement with CITY funds.
Additional services shall be made available upon written agreement between the
CITY's authorized representative and the Director of the Department of Agriculture
and Environmental Management. Additional services may include, but are not
limited to, additional appointments (charged at the variable cost per car rate), door-to-
door HHW collection,used oil filter collection, universal waste collection, electronic
waste collection, and abandoned waste collection.
CITY agrees to augment up to an additional $17.� to to the Countywide HHW
Program during Fiscal Year 2010 for the purpose of increased residentparticipation
above the 4% service level at the scheduled collection dates listed in Attachment C.
Augmentation will be calculated at the Variable Cost Per Car rate which is $67.00 per
car. Other services will be charged based on a cost recovery basis. •
•
At the end of each fiscal year, a final annual cost statement shall be prepared by
COUNTY and issued to CITY by November 30th. The annual cost statement will
take into consideration costs incurred on behalf of CITY for additional services and
all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it
will be due within 30 days following receipt of the annual cost statement. If any
credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days
following delivery of the annual cost statement.
18. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday
through Friday, from the hours of 8:30 a.m. to 4:30 p.m. The information service will
register residents for the Temporary HHW Events and the collections at CoHHWCF.
The information service will,provide information about hazardous household
materials. CITY will be notified immediately when indicated resident participation
approaches the 4%base level of service.
19. 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 •
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 7
• ID
faith efforts to provide the public with information related to the problems associated
with HHW. Upon the decision to hold an emergency enc collection event, it is CITY's
responsibility to make a good faith effort to prepare and disseminate the necessary
outreach to notifythepublic of an emergency collection event. An emergency
g Y
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 E,Household Hazardous Waste Emergency
Collection Plan.
COUNTY agrees to conduct the event at a mutually agreeable site and time. The
COUNTY will obtain the necessary permit from the State Department of Toxic
Substances.Control and will handle wastes in accordance with State law. COUNTY
will bill CITY for all emergency events on a cost recovery basis and all payments
shall be due COUNTY within thirty days following the receipt of the invoice.
24. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW
Collection Events for corporate employees and residents of participating jurisdictions
and to-pay for special programs such as Universal Waste collection at retail locations.
The transportation,treatment and disposal liability for nonresident employee
participation in these events shall be shared by all participating jurisdictions and the
COUNTY, as described in Section 28 of this Agreement. Summary information
concerning these corporate sponsored events will be included in the CoHHW
Program's annual report to the participating jurisdictions.
25.. INSURANCE REQUIREMENTS
Contractorswho provide hazardous waste transportation,treatment; or disposal
services shall have the required insurance as outlined in Attachment F, 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.
26. WASTE TRACKING AND REPORTING -
COUNTY will provide a mid-year report to CITY regarding participation rates from
each participating jurisdiction by March 15, 2010. Mid-year and year end reports will
outline thetypes and quantities of waste collected,the amount of waste diverted for
reuse or recycling and the waste management method for each waste stream and
associated costs for services. COUNTY will prepare a report summarizing program
activities which will be delivered to the participating jurisdictions no later than six
months after the end of COUNTY's fiscal year.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 9
• •
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 thewasteshall be
determined by calculating the percentage, by weight, of the total household hazardous
waste accepted by the CoHHW Program. This percentage will be used to calculate
the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and
will be subtracted from the total liability prior to assessing CITY's apportioned share
of any liability for household hazardous waste.
29. TERMINATION.
This Agreement may be terminated by either the COUNTY or CITY upon thirty(30)
days written notice given by the terminating party.
30. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2009,to June 30, 2010, or until all
revenue from the last quarter's Fee payments has been distributed, whichever is later.
31. EXTENSION OF TERM
This Agreement may be.extended for succeeding two-year terms if COUNTY and
participating jurisdictions so agree in writing.
32. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an
independent contractor and not as an officer, agent, servant or employee of any of the
parties hereto. Each party shall be solely responsible for the acts and omissions of its
officers, agents, employee, contractors and subcontractors, if any. Nothing herein
shall be considered as creating a partnership or joint venture between the parties.
33. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall
for all purposes be deemed anoriginal and all of which shall together constitute one
and the same instrument.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 11
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IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR
• COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM on the dates as stated below:
"COUNTY" "CITY"
Sig�;i, ure: CITY OF I O dF' l td At:Tbs-N-1J„s
/ A m icipal corporation _ J
By:
Greg V. Wassenhove Title: MAybtz_
Director of Department of Agriculture and
Environmental M agement
Date: 6/1.1 0 9 Date: 5//4l ZOOT
APPRO ED AS TO FORM AND LEGALITY_ : APPROVED BY THE OFFICE OF
T Y E UTIVE
Elizabeth G. Pianca alle=_•s
Deputy County Counsel moi' • . ' Exec ti
Date: ff At to 5 /moa Date:
•
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 13
Attachment A: Projected FY 2010 AB939 HHW Fee Funding Allocation by Jurisdiction
Fiscal Years 2010 at 4% of Households
Number of 4% of Total Tons Annual Fixed Cost Est Variable City
Jurisdiction Households HHs for AB939 Fee Revenue $1.85/HH Cost at Discretionary;,
611/2008 Share $2 60 $67/car Fund
Campbell 16,932 677 34,956.00 $90,886 $31,324 $45,378 $14,184
Cupertino 20,172 807 35,213.00 $91,554 $37,318 $54,061 $175
Gilroy 14,853 594 49,426.00 $128,508 $27,478 $39,806 $61,224
Los Altos 10,820 433 18,570.00 $48,282 $20,017 $28,998 ($733)
• Los Altos Hills 3,124 125 4,104.00 $10,670 $5,779 $8,372 ($3,481)
Los Gatos 12,952 518 26,028.00 $67,673 $23,961 $34,711 $9,000
Milpitas 19,073 763 59,680.00 $155,168 $35,285 $51,116 $68,767
Monte Sereno 1,255 50 1,276.00 $3;318 $2,322 $3,363 ($2,368)
Morgan Hill 12,821 513 31,243.00 $81,232 $23,719 $34,360 $23,153
Mountain View 33,475 1,339 53,246.00 $138,440 $61,929 $89,713 ($13,202)
Palo Alto 27,938 1,118 62,838.00 $163,379 $74,874 $88,505
. San Jose 307,613 12,305 670;374.00 $1,742,972 $569,084 $824,403 $349,486
Santa Clara 44,275 1,771 132,186.00 $343,684 $81,909 $118,657 $143,118
Saratoga 11,093 444 15,295.00 $39,767 $20,522 $29,729 ($10,484)
Sunnyvale 55,394 2,216 90,290.00 $234,754 $102,479 $148,456 . ($16,181)
Unincorporated 30,989 1,240 46,204.00 $120,130 $57,330 $83,051 ($20,250)
Countywide Totals 622,779 24,911... , 1,330,929 $3,460;415 ' $1,100;456 ,;,$1,669,046, $690,912.
S .
• •
Attachment C:HHW Schedule of Event Collection Dates for FY 2010
HHW SCHEDULE FOR FISCAL YEAR 2009/2010
2009/Month Day Date Location - Type of Event County Holidays/Notes
July Saturday 4 No Event No Event FOURTH OF JULY
Friday 10 San Martin Permanent
Saturday 11 San Martin Permanent
Saturday 18 Sunnyvale Permanent
Saturday 25 Santa Clara Temporary
• August Friday 31 , San Martin Permanent
Saturday 1 .. San Martin Permanent
Saturday 8 Unincorporated Temporary
Saturday 15 Sunnyvale Permanent
Friday 21 San Martin Permanent
Saturday 22 San Martin Permanent
Saturday 29 Cupertino Temporary
September Saturday . _ ; 5
No Event ; ' No Event SEPT,7/LABORDAY ;;;
Saturday 12 San Jose Temporary
Saturday 19 Sunnyvale Permanent
Saturday 26. Santa Clara Temporary
October Friday .2 San Martin . Permanent
Saturday 3 San Martin Permanent
Saturday 10. No Event No:.Event OCT 12/COLUMBUS DAY.
Saturday 17 Sunnyvale Permanent
Saturday 24 San Jose Temporary
Friday 30 San Martin Permanent
Saturday 31 San Martin Permanent
November Friday ,6 San Martin Permanent
Saturday 7 San Martin Permanent
Friday 14 . San Jose Temporary
Saturday '.21 Sunnyvale Permanent
• Saturday ,' ... 28 No Event,. • No Event 26/27/THANKSGIVING,,,
December ' Friday '4 San Martin, Permanent
Saturday 5 . San Martin Permanent
Friday 11 San Martin . Permanent
Saturday 12 San Martin Permanent
Saturday '19 San Jose Temporary
Saturday 26 No Event ; No Event DEC 25/CHRISTMAS.
2010/Jan Saturday; :' ;2 : No Event No Event. Jan 1/NEW YEARS ;.
Friday . 8 San Martin Permanent
Saturday 9 San Martin Permanent
Saturday 16 Sunnyvale - Permanent
Saturday ' 23 San Jose Permanent
Saturday ,30 Santa Clara. Temporary
SANTA CLARA COUNTY CESQG DROP-OFF PRICE LIS1 Attachment D
HAZARD CATEGORY DESCRIPTION OF WASTES ESTIMATE COST
MOTOR OIL FREE
m
ANTIFREEZE,TRANSMISSION FLUID, HYDRAULIC FLUID $3.00/GAL
RECYCLE CAR BATTERIES $5.00 EACH
PCB BALLASTS (MOST TODAY ARE NON-PCB-->GOES TO E-WASTE RECYCLER) $5.50/LB
MIXED BATTERIES (Li-Ion batteries must be taped) $2/LB
AEROSOL AEROSOL CANS $1.25 EACH
FLAMABLE LIQUID POURABLE LIQUIDS: ALCOHOLS, SOLVENTS, GASOLINE,ACETONE, MEK, $7.00/GAL
W/O.SOLIDS KEROSENE, DIESEL, CLEAN PAINT THINNER(SLUDGE FREE)
LATEX PAINT LATEX/WATER- ., CHARGED BY LIQUID AMOUNT(BULKED) $8.00/GAL
BASED CHARGED BY CONTAINER, REGARDLESS OF AMOUNT OF PAINT $2/QUART CONTAINER •
POURABLE LIQUIDS WITH SOLIDS: INK (LIQUID), FLUX, OIL&WATER, $10/GAL
DIRTY PAINT THINNER(W/SLUDGE), MACHINE OIL, COMPRESSOR OIL
FLAMABLE LIQUIDS CHARGED BY LIQUID AMOUNT $10.00/GAL
W SOLIDS OIL BASE PAINT CHARGED BY CONTAINER, REGARDLESS OF AMOUNT OF PAINT $2/QUART CONTAINER
ADHESIVES, ROOFING TAR, SLUDGES/SOLIDS, GREASE, EPDXY PART A(RESIN), $2/QUART CONTAINER
INK(POWDERED), EPDXY, RESINS $10/1 GAL CONTAINER
CONTAINER CHARGE, PRICE REGARDLESS OF AMOUNT OF MATERIAL $50/5 GAL CONTAINER
LAB CHEMICALS, POISONS, BASES,ACIDS, NON-CORROSIVE AQUEOUS SOLUTIONS, $20/1 GAL CONTAINER,
GLUTARALDEHYDE, PHOTOCHEMICALS, NEUTRAL CLEANERS, $100/5 GAL CONTAINER,
COMPATIBLE MIXTURES,AMMONIA,ACIDS, BASES, METALS (LIQUID OR SOLID), OIL (LIQUID) OR
LAB PACK FILTERS,ABSORBENT, CONTAMINATED SOIL, CHLORINATED LIQUIDS, REFRIG. OIL, $2/LB (SOLID)
FREON, COLD STERILE,VAPO STERILE, CONTAMINATED OIL, DEGREASER,
EPDXY PART B (HARDENER), MERCURY WASTE,ASBESTOS, ETC
CONTAINER CHARGE, PRICE REGARDLESS OF AMOUNT OF MATERIAL •
LAB PACK PRM PAINT RELATED MATERIALS (OILY RAGS, FLAM LIQUIDS SMALLER THAN 1 GALLON,ETC) $10/GAL CONTAINER
PROPANE TANKS 16.4 OZ/$5 OR 5 GAL/$10 EA
TREATED WOOD REFER TO LANDFILLS
PAINT CHIPS $11.55/GAL
OTHER FLUORESCENT TUBES + MUST BE BOXED AND LABELED $0.15/FT
SODIUM &HID BULBS + MUST BE BOXED AND LABELED $2 EA
COMPACT FLUORESCENT BULBS (U,Circ,CFL) + MUST BE BOXED AND LABELED $1.50 EA
FIRE EXTINGUISHERS $10 SMALL&$20 LARGE
FIXER&DEVELOPER + DO NOT MIX $15/GAL CONTAINER
MINIMUM CHARGE FOR ANY DROP-OFF regardless of type or quantity of waste $40.00 -
HOURLY OFFICE/SITE FEE (PER HOUR WHEN APPLICABLE) $40.00/HR.
PRICES AS OF 3/13/2009. PRICES SUBJECT TO CHANGE. FOR QUESTIONS PLEASE CALL(408)299-7300.
•
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5. Collection Events
Temporary collection events can be set-up at various sites including parking lots, city
maintenance yards, neighborhoods needing service, and at landfills or a centralized location to
service larger segments of the population. Waste collected can be transported with the HHW
Program's hazardous waste transportation vehicle. In additional, events can be scheduled at the
three 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 HEW 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 three permitted HHW collection facilities for the
collection and storage of HHW. The current San Jose facility is expected to close in
December 2006;however, a new facility is expected to be ready to provide a seamless
transition to a new location. 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:
• Sunnyvale Recycling Center, 164 Carl Ave.,Sunnyvale
• San Martin,13055 Murphy Ave,San Martin
• San Jose,1600 S. 10th St.,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.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2
•
REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:
Guidance for local government on disaster debris management,January 1997.
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AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 4
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EXHIBIT B-2D (revised)
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 is obligated to indemnify, defend and hold harmless the
County under this Agreement.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required
herein,the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifying that coverage asrequired herein has been obtained. Individual
endorsements executed by the insurance carrier shall accompany the certificate. In addition,
a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, unless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work
under the Agreement until it has obtained all insurance required and such insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A-V, according to the
current Best's Key Rating Guide or a company of equal financial stability that is approved
by the County's Insurance Manager. .
Rev.4/2002 1
•
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 or Pollution Errors and Omissions
Liability Insurance
Coverage shall provide a minimum of not less than five million dollars
($5,000,000) per occurrence and aggregate for bodily injury, personal injury,
property damage and cleanup costs both on and offsite.
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($50,000)per occurrence/event.
Rev.4/2002 3
EXHIBIT B-2D (revised)
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount
of AT LEAST fifteen percent (15%) of the maximum financial obligation of the
County cited herein. If such bond is canceled or reduced, Contractor will notify
County immediately, and County may withhold further payment to Contractor until
proper coverage has been obtained. Failure to give such notice may be cause for
termination of this Agreement, at the option of County.
Rev.4/2002 5
• •
AGENCY AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy,
Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View,
Palo Alto, San Jose, Santa Clara, aratoga, and Sunnyv le (CITIES) and the County of Santa
Clara(COUNTY) on the 2$ day of Jud 2009. The term CITIES may refer to
CITIES collectively or individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and
county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and
implementing an integrated waste management plan; and
WHEREAS, the Board of Supervisors established the Countywide AB939
Implementation Fee effective July 1, 1992 to fund local costs of preparing, adopting, and
implementing integrated waste management plans and programs; and
WHEREAS,the Recycling and Waste Reduction Commission of Santa Clara County has
determined that a Countywide AB939 Implementation Fee (Fee) is necessary, pursuant to Public
Resource Code 41901,to assist in funding the costs of preparing, adopting and implementing
integrated waste management plans and programs in the fifteen cities and the unincorporated area
of the county; and
WHEREAS, the Fee shall be imposed on each ton of waste landfilled or incinerated
within the County; received at any non-disposal or collection facility located within the County
transported for disposal or incineration outside of the County; collected from
and subsequently an tY,
q Y P P
any location within the County by a solid waste hauler operating pursuant to a franchise, contract,
license, or permit issued by any local jurisdiction and subsequently transported for disposal or
incineration outside of the County; or removed from any location in the County by any person or
business for disposal or incineration outside the County; and
WHEREAS, state law requires jurisdictions to plan and implement household hazardous
waste (HHW) services; and
WHEREAS, HHW programs provide household hazardous waste management services
to residents of Santa Clara County and are necessary services to enable jurisdictions to meet the
requirements of state law; and
WHEREAS,jurisdictions in Santa Clara County desire to provide safe, convenient, and
economical means for residents to properly dispose of household hazardous wastes in an
environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage,
sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or
environmental hazard. These wastes include, but are not limited to, common household products
such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner,
pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and car batteries; and
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 1
• •.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the Fee. Best efforts will be made to prevent tonnage
from being assessed a double fee (once at a non-disposal facility and again at a landfill
within Santa Clara County). The Program Fee funding share paid to CITIES shall be used
to assist in funding the costs of preparing, adopting, and implementing the integrated waste
management plan of each of the CITIES and the unincorporated area of the COUNTY. The
HHW Fee portion shall assist in funding the costs of each city's share of HHW operations.
5. INSURANCE
Each party shall maintain its own insurance coverage, through third party insurance, self-
insurance or a combination thereof, against any claim, expense, cost, damage or liability
arising out of the performance of its responsibilities pursuant to this Agreement. CITIES
agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or
other documentation acceptable to the COUNTY upon request.
6. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the
parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the parties agree that each of the parties hereto shall fully indemnify and hold each
of the other parties harmless from any.claim, expense or cost, damage or liability arising
out of, or in connection with, performance of its responsibilities pursuant to this
Agreement.
Additionally, CITY shall indemnify, hold harmless, and defend COUNTY, its officers,
agents, and employees with respect to any loss, damage, liability, cost or expenses,
including attorney fees and court costs, arising from any misuse of the Fee distributed to
CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers,
agents, and employees with respect to any loss, damage, liability, cost or expenses,
including attorney fees and court costs, brought by third parties based on COUNTY's sole
negligence in the collection or distribution of said Fees.
7. DISTRIBUTION OF FEE
COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant
to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non-
disposal facility payments and disposal documentation required for calculation of Fee
distribution amounts. Distributions shall begin December 15, 2009, and continue quarterly
through October 15, 2010.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by
entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM. Regardless of whether CITIES enter
into the Agreement, CITIES's share of funds collected for Abandoned Waste Disposal
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 3
•
15. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2009 to June 30, 2010, 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, 2009. Said landfills and non-
disposal facilities will be billed for the Fee through June 30, 2010.
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 /? 01 &5_141i61)76
Contact: 7JVd7cJ ' at)
Title: � eiqineev . ??6/ lth
Address: A371 1-ro frzoi d 1-P5 Ods Il5 q, D z v
County of Santa Clara
Contact: Program Manager
Program: Integrated Waste Management Division
Address: 1553 Berger,Drive Building 1
City: San Jose, CA 95112
17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State
of California.
18. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the
subject matter hereof. No modification of this Agreement shall be effective unless and until
modification is evidenced by writing signed by all parties or their assigned designees.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 5
• . •
EXHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Pacheco Pass Sanitary Landfill
Palo Alto Refuse Disposal Area
Zanker Materials Processing Facility
Zanker Road Landfill
NON-DISPOSAL FACILTIES.AND TRANSFER STATIONS LOCATED IN SANTA
CLARA COUNTY
Butterick Enterprises Recyclery
California Waste Solutions Recycling&Transfer Station
City of Palo Alto Green Composting Facility
ComCare Farms Composting Facility
Environmental Management Systems Facility
Green Waste Recovery Facility
Mission Trail Waste Systems, Inc.
Newby Island Compost Facility
Pacheco Pass Landfill Composting Facility
Pacific Coast Recycling, Inc.
Premier Recycling Facility
The Recyclery at Newby Island
San Martin Transfer Station
Sunnyvale Materials Recovery and Transfer Station(SMaRT Station)
Z-Best Composting Facility
Zanker Materials Processing Facility
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 7
•
•
EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are directly mandated under AB939, which establishes statutory
authority to provide for funding to support planning and implementation of integrated waste
The HHW Fee, $2.60 per ton in FY 2010, collected as part of the AB939
management programs.
Implementation Fee, will be the primarysource of funding for Countywide de 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. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at
nonprofit charitable reuse organizations. The existing fund balance from previous years will
fund the Abandoned Wastes Disposal Costs for FY 2010.
C. Variable Cost Per Car to provide a base level service to 4% of households in all participating
jurisdictions. The number of households is determined by the most recent"Population
Estimates for California Cities and Counties" Report as published by the California
Department of Finance, Demographic Research Unit.
D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction.
2. FIXED PROGRAM COST
Funds shall be distributed on a per household basis for Fixed Program Costs. This portion of the
funds shall be distributed directly to the Countywide HHW Program. Fixed Program Costs
funding shall be calculated at$1.85 per household FY 2010. Fixed Program Costs may include,
but are not limited to eight(8) 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
increases.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 9
• •
their pro-rata share of funding received by the COUNTY from the HHW Fee, with the exception
of funds for the abandoned waste cost, described above.
If CITIES not participating in the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents
to participate in HHW Program services on an emergency basis,then services to these residents
will be provided on a cost recovery basis. A charge equal to the established rates charged by the
Countywide HHW Program to Conditionally Exempt Small Quantity Generators will be billed to
the CITIES. A CITIES' representative must call the Countywide HHW Program appointment
line to schedule an appointment for the resident. The pro-rata share of liability will be shared as
defined in Section 28 of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM and as described in Exhibit D.
•
•
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 11
S
for the transportation, treatment, or disposal of their hazardous waste, once the waste has been
accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser
portion of the waste shall be determined by calculating the percentage, by weight, of the total
household hazardous waste accepted by the CoHHW Program. This percentage will be used to
calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will
be subtracted from the total liability prior to assessing CITY's apportioned share of any liability
for household hazardous waste.
AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FY 2010 13