24-085 Executed AB 939 Implementation Fee Agreement FY2025_FY2027
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
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AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino,
Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain
View, Palo Alto, San José, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of
Santa Clara (COUNTY) on the _________ day of ____________ 2024. The term CITIES may
refer to CITIES collectively or individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city
and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and
implementing a countywide integrated waste management plan;
WHEREAS, State law, Public Resource Code Section 41750, requires that the
countywide integrated waste management plans contain a household hazardous waste (“HHW”)
element for each city within the county as well as for the unincorporated area of the county;
WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board”) has
imposed a Countywide AB939 Implementation Fee (“Fee”) since July 1, 1992 to pay for the
costs of preparing, adopting, and implementing integrated waste management plans and
programs, including HHW program elements;
WHEREAS, the Board has approved reimposing the Fee for Fiscal Years 2025, 2026,
and 2027 (July 1, 2024 through June 30, 2027) at $4.10 per ton of waste landfilled or incinerated
in the County; received at any nondisposal or collection facility located within the County and
subsequently transported for disposal or incineration outside of the County; collected from any
location within the County by a solid waste hauler operating pursuant to a franchise, contract,
license, or permit issued by any local jurisdiction and subsequently transported for disposal or
incineration outside of the County; and removed from any location in the County by any person
or business for disposal or incineration outside the County;
WHEREAS, HHW programs provide household hazardous waste management services
to residents of Santa Clara County and are necessary to meet HHW planning and management
requirements under State law;
WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and
economical means for residents to properly dispose of household hazardous wastes in an
environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage,
sanitary sewer, storm drain system, or on the ground or in any other manner which creates a
health or environmental hazard. These wastes include, but are not limited to, common household
products such as household cleaning products, spot remover, furniture polish, solvents, oven
cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and
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Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
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WHEREAS, the County will collect the Fee on behalf of the fifteen cities and for the
unincorporated area of the County and will apportion the Fee according to the terms of this
Agreement.
NOW THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the
COUNTY will collect and distribute the Fee of $4.10 per ton of waste to be disposed in Fiscal
Years 2025, 2026 and 2027. The Fee is divided into two parts: 1) a Program Fee of $1.50 per
ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste
management plan in the fifteen cities and the unincorporated area of the County; and 2) a
Household Hazardous Waste Fee of $2.60 per ton to provide funding to implement the
Countywide HHW Program. The Program Fee will be allocated among the CITIES and
COUNTY as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee
will be allocated to the COUNTY, CITIES, and Countywide HHW Program as described in
Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of
waste landfilled or incinerated within the County; received at any non-disposal or collection
facility located within the County and subsequently transported for disposal or incineration
outside of the County; collected from any location within the County by a solid waste hauler
operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and
subsequently transported for disposal or incineration outside of the County; or removed from any
location in the County by any person or business for disposal or incineration outside the County.
Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara Non-
Disposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit
A, attached hereto and incorporated herein.
2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from
landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility
subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and
non-disposal facility operators with the County Recycling and Waste Reduction Division.
COUNTY shall require each landfill and non-disposal facility to submit required payment,
documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on
a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or
payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will
research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in
significant amounts to determine the identity of the hauler. That hauler will subsequently be
billed in the same fashion subject to the same penalties as mentioned above. Collected funds and
any late filing payments and delinquency penalties shall be distributed to CITIES and
Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall
not be obligated to distribute funds that COUNTY has been unable to collect from landfill or
non-disposal facility operators.
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3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted
by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate
documentation, errors in waste allocations among jurisdictions.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the fee if it is landfilled or incinerated in the County;
received at any non-disposal facility or collection facility in the County and subsequently
transported for disposal or incineration outside the County; collected from any location within
the County by a solid waste hauler operating under franchise, contract, license, or permit issued
by a local jurisdiction and subsequently transported for disposal or incineration outside the
County; or removed from any location in the County by any person or business for disposal or
incineration outside the County. Best efforts will be made to prevent tonnage from being
assessed a double fee (for instance, once at a non-disposal facility and again at a landfill within
Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in
funding the CITIES’ costs of preparing, adopting, and implementing the integrated waste
management plan of each of the CITIES and the unincorporated area of the COUNTY. The
HHW Fee portion shall be applied to fund the costs of CITIES’ share of Countywide Household
Hazardous Waste services; any HHW fees directly disbursed to CITIES as provided in this
Agreement shall be used to fund the costs of preparing, adopting, and implementing the
jurisdiction’s HHW element of the Countywide integrated waste management plan, including
providing HHW services to residents.
5. INSURANCE
Each party shall maintain its own insurance coverage, through third party insurance, self-
insurance or a combination thereof, against any claim, expense, cost, damage or liability arising
out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to
provide evidence of such insurance to COUNTY via Certificate of Insurance or other
documentation acceptable to the COUNTY upon request.
6. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the
parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the
other parties harmless from any claim, expense or cost, damage or liability arising out of, or in
connection with, performance of its responsibilities pursuant to this Agreement and as described
in Exhibit D.
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Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers,
agents, and employees with respect to any loss, damage, liability, cost or expenses, including
attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES.
COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and
employees with respect to any loss, damage, liability, cost or expenses, including attorney fees
and court costs, brought by third parties based on COUNTY’s sole negligence in the collection
or distribution of said Fees.
7. DISTRIBUTION OF FEE
COUNTY shall distribute the AB939 Program Fee to CITIES and the HHW Program Fee
to the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within
45 days of receipt of landfill and non-disposal facility payments and disposal documentation
required for calculation of Fee distribution amounts. Distributions shall begin December 15,
2024, and continue quarterly through October 15, 2027.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by
entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM.
9. LATE PAYMENTS
If Fee payments and disposal documentation are not received from landfill or non-
disposal facility operators prior to scheduled distribution of payments to CITIES and the
Countywide HHW Program, payment distribution shall be calculated on a pro rata share of
monies received. Upon collection, late payments and accrued delinquent penalties, if any, shall
be distributed among CITIES and the Countywide HHW Program according to the formula in
Exhibits B and C.
10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection, use and
distribution of the Fee for at least five (5) years after the termination date of this Agreement,
unless otherwise required by law to retain such records for a longer period. Such records will be
available for inspection upon written request by CITIES, and will include but not be limited to
tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation
provided by cities, payments made by the landfills and non-disposal facilities to the COUNTY
and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs.
11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the Fee or the
distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10
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days of receipt of their Fee allocation. The review shall be performed within 30 days of request
and results shall be reported to CITIES in writing.
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12. EFFECTIVE DATE OF AGREEMENT
This agreement is effective upon approval by all fifteen CITIES and the COUNTY.
13. AMENDMENT
This Agreement may be amended only by an instrument signed by all fifteen CITIES and
the COUNTY.
14. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an
independent contractor and not as an officer, agent, servant or employee of any of the parties
hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors, if any. Nothing herein shall be considered as
creating a partnership or joint venture between the parties.
15. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2024 to June 30, 2027, 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, 2024. Said landfills and non-disposal
facilities will be billed for the Fee through June 30, 2027.
16. NOTICES
All notices required by this Agreement will be deemed given when in writing and
delivered personally or deposited in the United States mail, postage prepaid, return receipt
requested, addressed to the other party at the address set forth below or at such address as the
party may designate in writing in accordance with this section.
City of
Contact:
Title:
Address:
County of Santa Clara
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Contact: Recycling and Waste Reduction Program Manager
Program: Integrated Waste Management Services
Address: 1553 Berger Drive, Building 1
San José, CA 95112
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17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
18. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the
subject matter hereof. No modification of this Agreement shall be effective unless and until
modification is evidenced by writing signed by all parties or their assigned designees.
19. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same instrument.
20. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic
copy of a signed contract, or an electronically signed contract, has the same force and legal effect
as a contract executed with an original ink signature. The term “electronic copy of a signed
contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a
copy of an original signed contract in a portable document format. The term “electronically
signed contract” means a contract that is executed by applying an electronic signature using
technology approved by the County.
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IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:
Date: COUNTY OF SANTA CLARA
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
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6/28/2024
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IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:
Date: COUNTY OF SANTA CLARA
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
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City Manager
Monte Sereno
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IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized
representatives, have entered into this First Amendment to the AGREEMENT on the
last date shown below:
COUNTY OF SANTA CLARA
Signature:
James R. Williams
County Executive
Date:
APPROVED AS TO FORM AND
LEGALITY
Willie Nguyen
Deputy County Counsel
Date:
CITY OF MOUNTAIN VIEW,
a California charter city and municipal
corporation
By:
City Manager
Attest:
Asst. City Clerk
APPROVED AS TO CONTENT:
Acting Public Works Director
FINANCIAL APPROVAL:
Finance and Administrative
Services Director
APPROVED AS TO FORM:
Sr. Assistant City Attorney
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5/30/2024
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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
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EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each of the CITIES, and the COUNTY for its unincorporated area, will receive $1.50 per
ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa
Clara County that originates from that jurisdiction, as documented in quarterly reports submitted
by the County to the State Disposal Reporting System.
Fees collected from undocumented disposed tonnage, or tonnage originating outside of
Santa Clara County, will be distributed according to each jurisdiction’s percent of countywide
population, according to the latest available population report issued by the California
Department of Finance.
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EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section
41500 et seq. Public Resources Code Section 41901 authorizes imposition of a fee to support
planning and implementation of integrated waste management programs, including their HHW
elements. The HHW Fee, of $2.60 per ton, collected as part of the AB939 Implementation Fee,
will be the primary source of funding for Countywide Household Hazardous Waste Collection
Program (CoHHW Program) services.
Funds derived from the HHW Fee will be allocated among five types of CoHHW
Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each
participating jurisdiction. The number of households will be determined at the beginning
of each Fiscal Year by statistics compiled by the California Department of Finance,
Demographic Research Unit from their most recent Report, “Population Estimates for
California Cities and Counties.”
B. San José Facility Use Surcharge will be apportioned based on CITIES’ anticipated
participation at the County Household Hazardous Waste Collection Facility located at
1608 Las Plumas Avenue, San José.
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 Public Resources Code Section
41904.
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2. FIXED PROGRAM COST
Funds shall be allocated on a per household basis for Fixed Program Costs at the
conclusion of each Fiscal Year. This portion of the funds shall be distributed directly to the
Countywide HHW Program to pay for HHW Program costs. Fixed Program Costs funding shall
be calculated shall not exceed $5.07 per household in Fiscal Years 2025, 2026, and 2027. Fixed
Program Costs may include, but are not limited to, eleven (11) CoHHW Program staff members,
facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative
overhead, county legal counsel, training costs, equipment and facility maintenance, and union
negotiated salary and benefit changes.
3. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at
Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the
cost to the County to dispose of abandoned waste allocated among participating jurisdictions
based on their proportional share of the County population and shall not exceed $0.05 per
household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05
per household are set forth in Attachment A, attached hereto and incorporated herein.
Any existing unexpended non-profit abandoned waste fund balance may be allocated toward
funding of disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as
defined in Public Resources Code Section 41904.
For the purposes of this agreement, a nonprofit charitable reuse organization has the
definition provided in Public Resources Code Section 41904 as follows: “Nonprofit charitable
reuser” means a charitable organization, as defined in Section 501(c)(3) of the federal Internal
Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses
and recycles donated goods or materials and receives more than 50 percent of its revenues from
the handling and sale of those donated goods or materials.
4. SAN 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. 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. The
total San José Facility Use Surcharge for CITY will be based on CITY’s participation at the
County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue,
San José.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County HHW Collection
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Facilities and Temporary Events. This portion of the funds shall be distributed directly to the
Countywide HHW Program. The Variable Cost Per Car is estimated to be $66.02 per car for
Fiscal Years 2025, 2026, and 2027. The estimated cost per car will be adjusted annually to
reflect actual service costs. After fixed 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, the Countywide HHW Program will use the remaining balance of funds, in cooperation
with the CITIES, to increase public outreach and/or provide additional services in that
jurisdiction where the level of 4% is not reached the following year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of waste
generated within each jurisdiction and after allocation of Fixed Program Cost, San José Facility
Use Surcharge, and Variable Per Car Cost. Available Discretionary Funds must be used for
HHW purposes. Options for how to spend these funds include, but are not limited to, increasing
the number of residents served in the jurisdiction by the Countywide HHW Program, universal
waste collection, emergency HHW services, funding HHW public education, the support of
capital infrastructure projects to accommodate HHW drop-off and collection events, or providing
special programs such as retail collection of certain waste and/or door-to-door collection of
HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. CITIES
authorize the COUNTY to determine appropriate uses of available discretionary funding and to
use CITIES’ Available Discretionary Funding portion of the AB939 HHW Fee to provide for
additional HHW services requested by the CITIES.
7. PROGRAM FUNDING PASS-THROUGH
Annual funding calculations include HHW Fees collected on behalf of all jurisdictions in
the County. CITIES, at their option, may participate in the Countywide HHW Program by
entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM. If CITIES elect to participate in the Countywide HHW Program,
their pro-rata share of the HHW Fee shall be retained by the County to utilize for HHW Program
costs, as provided in this Agreement and the Agreement for Countywide Household Hazardous
Waste Collection Program. The COUNTY will distribute to CITIES not participating in the
Countywide Household Hazardous Waste Collection Program their pro-rata share of funding
received by the COUNTY from the HHW Fee, except that the COUNTY may retain and expend
that portion of the non-participating CITIES’ fee attributable to Abandoned Waste Disposal
Costs.
If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM desire to allow residents to participate in
HHW Program services on an emergency basis, then services to these residents will be provided
on a cost recovery basis. A charge equal to the established rates charged by the Countywide
HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES.
A CITIES’ representative must call the Countywide HHW Program appointment line to schedule
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an appointment for the resident. Liability shall be apportioned as provided in Exhibit D to this
Agreement.
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EXHIBIT D
SECTION 28 OF AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties
agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead
COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties
hereto shall fully indemnify and hold each of the other parties, their officers, board members,
employees and agents, harmless from any claim, expense or cost, damage or liability imposed for
injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under
or in connection with or arising out of any work, authority or jurisdiction delegated to such party
under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be
responsible for any damage or liability occurring by reason of the negligent acts or omissions or
willful misconduct of the other parties hereto, their officers, board members, employees or agents,
under or in connection with or arising out of any work authority or jurisdiction delegated to such
other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any
liability incurred and attributed to the Countywide HHW Program for the transportation,
treatment, or disposal of the household hazardous waste, once the waste has been accepted by a
licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by
each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each
participating jurisdiction’s pro rata household participation at the event where the waste was
generated. COUNTY will use reasonable efforts to obtain recovery from all available resources,
including insurance, of any liable hauler or liable disposal facility operator. No liability shall be
apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has
contracted for such services and has failed to require the contractor to maintain the insurance
requirements set forth in Section 23 of the AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
CITY shall further indemnify COUNTY for CITY’s apportioned share of liability
incurred and attributed to the Countywide HHW Program for the transportation, treatment or
disposal of household hazardous waste at corporate sponsored events where non-county resident
employees of the corporate sponsor are authorized to participate in the event. Liability for the
nonresident portion of the disposal of waste shall be shared by the cities and the county as
described above. The nonresident portion shall be determined by calculating the percentage of
nonresidents participating in the event. This percentage will then be subtracted from the total
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Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
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liability for the household hazardous waste prior to assessing CITY’s apportioned share of any
liability for the household hazardous waste.
COUNTY shall require Very Small Quantity Generators (“VSQG”) and Nonprofit
Charitable Reusers to indemnify COUNTY for, at minimum, their apportioned share of any
liability incurred and attributed to the Countywide HHW Program for the transportation,
treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed
hazardous waste hauler. The 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.
DocuSign Envelope ID: 2E69586E-5F1D-4D97-A148-27061C714399
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Page 31 of 31
DocuSign Envelope ID: 2E69586E-5F1D-4D97-A148-27061C714399