24-084 Countywide_HHW_Program_Agreement_FY2025_2027_CupertinoAgreement for Countywide Household
Hazardous Waste Collection Program Page 1 of 27
AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement for Countywide Household Hazardous Waste Collection Program
(“AGREEMENT”) is made by and between the (“CITY”) and the County of
Santa Clara (“COUNTY”) on the day of 2024.
RECITALS
WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board of
Supervisors”) has approved a Countywide Household Hazardous Waste Collection Program
whereby residents of the unincorporated areas of the Santa Clara County and cities and towns
within Santa Clara County 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 and/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 2025 through FY 2027 (July 1, 2024 – June 30, 2027); 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 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 2025
through FY 2027 (July 1, 2024 – June 30, 2027) on all wastes landfilled or incinerated within
Santa Clara County, received at any non-disposal or collection facility located within Santa Clara
County and subsequently transported for disposal or incineration outside of Santa Clara 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
City of Cupertino
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transported for disposal or incineration outside of Santa Clara County, or removed from any
location in Santa Clara County by any person or business for disposal or incineration outside the
county; and
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 this AGREEMENT 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 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 José 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 José, CA 95133.
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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 José
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 Section 41904 of
California Public Resources Code.
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 $5.07 per
household for Fiscal Years 2025, 2026, and 2027. 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 $0.05
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 Section 41904 of California Public Resources Code 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.
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5. SAN JOSÉ FACILITY USE SURCHARGE
The total San José 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 José. Estimated San José Facility Use Surcharges are projected
in Attachment A, attached hereto and incorporated herein. The San José Facility Use Surcharge
will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025,
2026, and 2027.
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 $66.02 per participating resident car for Fiscal Years 2025, 2026
and 2027. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed
Program Costs and San José 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 José 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 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
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to retain such records for a longer period. CITY may request in writing a review by COUNTY
of the Fixed Program Cost records. The review shall be performed within 30 days of request and
results shall be reported to participating cities in writing.
9. PROGRAM PUBLICITY
The CoHHW Program shall 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 Santa Clara County and to Santa Clara 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;
• Conducting and supporting outreach and publicity to attain the goal of 4% of
households in the CITY participating in the CoHHW Program; and
• Providing the CoHHW Program a report summarizing all outreach activities
conducted by the CITY during the fiscal year. The report is due 30 days after the
end of the reporting period.
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
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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.
When COUNTY conducts a Temporary HHW Event in CITY’s jurisdiction, CITY agrees
to provide solid waste and recycling services at such event at no cost to the CoHHW Program to
ensure the proper management of non-hazardous waste generated at the event. Any additional
expenses for such event incurred beyond the agreed-upon budget shall be subject to negotiation
and mutual agreement between the COUNTY and the CITY .
To increase the Community’s awareness of and participation in any Temporary HHW
Event in CITY’s jurisdiction, the CITY agrees to promote, at the CITY’s sole expense, each such
event to the residents at least thirty (30) days in advance before the scheduled date. The
promotion may include, but is not limited to, bill inserts, door hangers, flyers, in-person outreach
events, newsletters, press releases, public service announcements, social media, television public
access stations, websites, etc.
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 José, 1608 Las Plumas, San José, 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. RECYCLING AND DISPOSAL PROGRAM FOR VERY SMALL QUANTITY
GENERATORS
COUNTY will provide services to accept hazardous waste from Very Small Quantity
Generators (VSQG) in accordance with Section 25218.3 of California Health and Safety Code,
as amended from time to time. VSQG is defined in Section 25218.1(q) of California Health and
Safety Code.
Eligible VSQGs include, but not limited to, small businesses, governmental entities, non-profit
organizations, schools, special districts, etc. within the County so long as they meet the criteria
as defined in Section 25218.1(q) of California Health and Safety Code. Eligible VSQGs will be
allowed to bring their hazardous waste to CoHHWCF. These services to VSQGs located within
the CITY will be provided on a cost recovery basis, which will include program administration,
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on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for
fee collection from participating VSQG.
The CITY may choose to pay for services for VSQG’s within the CITY 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 VSQG’s
within the CITY. If CITY has available Discretionary Funding, COUNTY may use this funding
to pay for VSQG costs.
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 rates for VSQGs.
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
available fund to pay for the disposal of the abandoned HHW from Nonprofit
Charitable Reusers is exhausted, 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 rates for VSQGs. 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
“Household Hazardous Waste” pursuant to Section 25218.1(d) of California Health and Safety
Code, 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,
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household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury,
household batteries, electronic waste (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, biohazardous waste, 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 VSQGs 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.
CITY agrees to augment up to an additional $_133,081__ annually to the Countywide
HHW Program in Fiscal Years 2025, 2026, and 2027, up to a total of $_399,243__ for the
duration of this Agreement 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 HHW Fee, if available, to offset the above agreed additional
augmentation amount.
CITY agrees to make interim payments to COUNTY amounting to 50 percent of the
annual augmentation amount of $_133,081___ for each fiscal year. These interim payments shall
be made no later than September 30th of each fiscal year. The remaining balance of any
outstanding cost shall be reconciled and paid or refunded in accordance with the terms outlined
in the annual cost statement.
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.
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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, except for COUNTY-recognized holidays The
information service will register residents for the Temporary HHW Events and the collections at
CoHHWCF. The information service will provide information about hazardous household
materials. CITY will be notified immediately if resident participation approaches a level of
service that may not be supported by available funding.
18.SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of Temporary Events and
collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing
sites for Temporary HHW Events. It is recognized that some participating jurisdictions in the
CoHHW Program may not have appropriate sites available. A proposed HHW schedule for
Fiscal Year 2025 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.
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
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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 California Department of Toxic
Substances Control and will handle wastes in accordance with applicable state laws and
regulations. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery
basis, and all payments shall be due COUNTY within 30 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.
23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services
shall have the required insurance as outlined in Attachment E, Exhibit E 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.
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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.
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
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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 participating jurisdictions 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 VSQGs 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 VSQG 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 VSQGs
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, 2024 to June 30, 2027, or until all
revenue from the last quarter’s AB939 fee payments have expended and/or distributed,
whichever is later.
29. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an
independent contractor and not as an officer, agent, servant or employee of any of the parties
hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors, if any. Nothing herein shall be considered as
creating a partnership or joint venture between the parties.
30. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall for
all purposes be deemed an original and all of which shall together constitute one and the same
instrument.
31. CONTROLLING LAW
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This Agreement shall be governed and construed in accordance with the laws of the State
of California.
32.ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the
subject matter hereof. No modification of this Agreement shall be effective unless and until
modification is evidenced by writing signed by all parties or their assigned designates.
33.NOTICES
All notices and communications herein required shall be in writing to the other party as
follows, unless expressly changed in writing:
CITY of City Representative
Representative’s Title
City Address
County of Santa Clara Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San José, 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 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.
/ /
/ /
/ /
/ /
/ /
Cupertino Pamela WuCity Manager
10300 Torre Ave.
Cupertino, CA 95014
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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:
Date: COUNTY OF SANTA CLARA
JAMES R. WILLIAMS
County Executive
Date: “CITY”
CITY/TOWN OF
Title
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:
WILLIE NGUYEN
Deputy County Counsel
Attachments:
A Projected Fiscal Years 2025, 2026, and 2027 AB939 HHW Fee Funding Allocation by
Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2025, 2026, and 2027
C HHW Schedule of Collection Events for Fiscal Year 2025
D Household Hazardous Waste Emergency Collection Plan
E Exhibit-E Insurance Requirements for Environmental Services Contracts
Cupertino
City Manager
Pamela Wu
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6/28/2024
06/07/2024
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ATTACHMENT A: PROJECTED FISCAL YEARS 2025-2027 ANNUAL HHW FEE
FUNDING ALLOCATION BY JURISDICTION
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ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS FOR
FISCAL YEARS 2025, 2026, AND 2027
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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027*
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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027* (Continued)
*SUBJECT TO CHANGE
2025/Month Day Date Location Type of Event County Holidays/ Notes
January Wed 1 No Ev ent No Event NEW YEAR'S
Thurs,Fri, Sat 2,3,4 San Martin Permanent
Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri 9,10 San Jose Permanent
Saturday 11 Sunnyvale Temporary TBD
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Thurs,Fri 23,24 San Jose Permanent
Saturday 25 Santa Clara Temporary TBD
Thurs,Fri 30,31 San Jose Permanent
February Sat 1 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri 27,28 San Jose Permanent
March Sat 1 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
April Thurs,Fri,Sat 3,4,5 San Jose Permanent
Thurs,Fri, Sat 3,4,5 San Martin Permanent
Thurs,Fri 10,11 San Jose Permanent
Saturday 12 Los Altos Temporary TBD
Thurs,Fri 17,18 San Jose Permanent
Saturday 19 Sunnyvale Temporary TBD
Thurs,Fri 24,25 San Jose Permanent
Saturday 26 Santa Clara Temporary TBD
May Thurs,Fri,Sat 1,2,3 San Jose Permanent
Thurs,Fri, Sat 1,2,3 San Martin Permanent
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Thurs,Fri 22,23 San Jose Permanent
Saturday 24 No Event No Event MEMORIAL DAY WEEKEND
Thurs,Fri,Sat 29,30,31 San Jose Permanent
June Thurs,Fri, Sat 5,6,7 San Martin Permanent
Thurs,Fri,Sat 5,6,7 San Jose Permanent
Thurs,Fri 12,13 San Jose Permanent
Saturday 14 Milpitas Temporary TBD
Thurs, Fri,Sat 19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
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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
California 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
DTSC is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the
County will obtain the necessary emergency permit for special collection of household hazardous waste from DTSC
through their expedited approval process.
5. Collection Events
Temporary collection events can be set-up at various sites including parking lots, city
maintenance yards, within neighborhoods needing service, and at landfills or a centralized
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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, CA 95046
San Jose, 1608 Las Plumas, San Jose, CA 95133
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,
transportation, and disposal costs. The County will assume responsibility for collecting fees from
participating businesses.
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7. State and Federal Assistance and Funds
It is the City’s responsibility to pursue reimbursement from State or Federal agencies.
California Governor’s Office of Emergency Services (Cal OES)
Cal OES is responsible for requesting assistan is declared a state disaster area, and the local
jurisdiction deems that the needs of the disaster response are beyond ce 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 its capabilities,
then the local jurisdiction can request assistance and reimbursement of costs from Cal OES.
Follow Standardized Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS. DTSC 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 Cal OES. Funding and assistance may be available from Federal agencies
such as FEMA and the USEPA.
Damage estimates: The city should provide to the Cal 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 Cal 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 USEPA.
REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:
Guidance for local government on disaster debris management, January 1997.
Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Consumer and Environmental Protection Agency
Household Hazardous Waste Program
ATTN: Hazardous Materials Program Manager
(408)-918-1967
For Non-Emergency after-hours, contact County Communications at: (408) 977-3220
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Responsibility: Coordinate and establish proper collection and disposal methods
for household hazardous waste. Assess the need for HHW and
VSQG services in consultation with the City and other operations.
Cal OES Public Safety Communications Main Office
601 Sequoia Pacific Boulevard
Sacramento, CA 95811
(916) 894-5209
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.
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EXHIBIT E
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 third party claim,
liability, loss, injury or damage to the extent arising out of, or in connection with,
performance of this AGREEMENT by Contractor and/or its agents or employees,
excepting only loss, injury or damage caused by the sole negligence or willful misconduct
of personnel employed by the County. It is the intent of the parties to this AGREEMENT
to provide the broadest possible coverage for the County. The Contractor shall reimburse
the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to
any litigation in which the Contractor contests its obligation to indemnify, defend and/or
hold harmless the County under this AGREEMENT and does not prevail in that contest.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall
provide and maintain at its own expense, during the term of this AGREEMENT, or as
may be further required herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this AGREEMENT, the Contractor shall provide a
Certificate of Insurance certifying that coverage as required herein has been
obtained. Individual endorsements executed by the insurance carrier shall
accompany the certificate.
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.
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Exhibit E (Continued)
C. Notice of Cancellation
Should any of the requested policies be cancelled before the expiration date,
notice will be provided in accordance with policy provisions.
D. Insurance Required
1. Commercial General Liability Insurance - for bodily injury (including death)
and property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000
d. Personal Injury - $1,000,000
2. General liability coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
d. Severability of interest
3. General liability coverage shall include the following endorsement, a copy
of which shall be provided to the County:
Additional Insured Endorsement, (Commercial General Liability Additional
Insured provided pursuant to Additional Insured Endorsement #1), 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 provided
pursuant to Additional Insured Endorsement Form #1.”
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
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Exhibit E (Continued)
under this policy. Public Entities may also be added to the Additional Insured Endorsement
Form #1 as applicable by way of insurance addendum, 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.
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 claim/aggregate.
b. If coverage contains a deductible or self-retention, it shall be
reviewed and approved by the County’s Insurance Manager prior to
contract execution.
c. Coverage as required herein shall be maintained for a minimum of
two years following termination or completion of this AGREEMENT.
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Exhibit E (Continued)
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. If coverage terminated Run-Off
(Tail) coverage will be purchased for three (3) years following
termination.
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.
4.The County reserves the right to withhold payments to the Contractor in
the event of material noncompliance with the insurance requirements
outlined above.
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Exhibit E (Continued)
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
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.
Signature:
Email:PamelaW@cupertino.org
DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74
Countywide HHW Program Agreement
FY2025_2027 (FINAL 2024.04.16) Cupertino for
PW
Final Audit Report 2024-06-07
Created:2024-06-07
By:Ursula Syrova (UrsulaS@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAATc9pTklPkJhNBA2DVKKt0-dffhtEW37n
"Countywide HHW Program Agreement FY2025_2027 (FINAL 2
024.04.16) Cupertino for PW" History
Document created by Ursula Syrova (UrsulaS@cupertino.org)
2024-06-07 - 4:35:41 PM GMT
Document emailed to Pamela Wu (PamelaW@cupertino.org) for signature
2024-06-07 - 4:36:42 PM GMT
Email viewed by Pamela Wu (PamelaW@cupertino.org)
2024-06-07 - 4:59:21 PM GMT
Document e-signed by Pamela Wu (PamelaW@cupertino.org)
Signature Date: 2024-06-07 - 4:59:38 PM GMT - Time Source: server
Agreement completed.
2024-06-07 - 4:59:38 PM GMT
DocuSign Envelope ID: ADF40C33-C091-4735-AAAF-E49285323A74