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00-064 and 00-065 Hazardous Waste Collection & AB939AGENCY AGREEMENT FOR COi;R'~'TYWIDE AB 939 II~iPLEMENTATION 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, ivlountain View, Palo Alto, San Jose, Santa Clara aratoga and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the ~~ day of 2000. The'term CITIES may refer to CITIES collectively or individually: RECITALS WHEREAS, pursuant to Public Resource.. 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, 1991: to fund local costs of preparing, adopting, and implementing integrated waste management plans and programs; and WHEREAS, the Solid Waste Commissio~i of Santa Clara County lies determined that a Countywide AB. 939 Implementation FED (Fee) is necessary, Pursuant to Public Resource Code 41901, to assist in funding; the costs of preparing, adopting and implementing integrated waste managem~rnt plans and programs in the fifteen cities and.the unincorporated area of the county; and Wi~REAS, the Fee shall be imposed on each ton of waste disposed of at landfills located within the county or taken to non-disposal facilities located within the county where it is to be transported for disposal ~A landfills located outside of Santa Clara County; and WHEREAS, state law requires jurisdictions to plan and implement household hazardous waste services; and . WHEREAS, household hazardous waste (1•-II-IV~ 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 Clam County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe mann~rr in order to avoid unauthorized or improper disposal in the garbage, sanitary sewex, Norm 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, A(3BNCY AC3REEMENT FOR OpUIVT'YWIDB AB 939 IIvIPLBMENTATION FBB i spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze and car batteries; and -~ WHEREAS, the Solid Waste Commission has determined that a Household Hazardous Waste Fee be added as part of the AB939 Implementation Fee to provide the necessary funding to operate the household hazardous waste programs in Santa Clara County; and WHEREAS, the County will collect the Fee on behalf of the fifteen cities and the unincorporated area and will apportion the Fee according to the terms of this Agreement. NOW, THEREFORE, CITIES and COUNTY OF SANTA CLARA 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 $2.80 per ton of waste to be disposed. The Fee is divided into two parts 1) a Pmgram Fee of $1.30 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 HHW Fee of $1.50 per ton to provide funding to implement the Countywide HHW Program. The Pmgram Fee will be allocated among jurisdictions as described in Exhibit B. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program and as described in Exhibit C. The Fee shall be imposed on each ton of waste disposed of at landfills located within the county or taken to non-disposal facilities located within the county where it is to be transported for disposal to landfills located outside of Santa Clara 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). 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 Integrated Waste Management Program. The 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. 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. ACIENCY AC~REEMEN'r FOR OOUNTYWIDB AB 939 IIvIPLEMENTATTON FEE 2 COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facilit}~ operators. 3. ROLE OF CITIES CITIES shall review the Disposal Reporting System Reports as prepazed and submitted by the COUNTY and shall report to COUNTY, with appropriate documentation, errors in waste allocations ,among jurisdictions within 3Q days of receipt. 4. COLLECTION AND USE OF FEE Each ton of waste will be subject to the Fee; at the non-disposal facility or landfill, but not at both locations. Best efforts will be made to prevent tonnage from being assessed a double fee (once at anon-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 in CITIES and the unincorporated azea of the COUNTY. The HHW Fee portion shall assist in funding the costs of each city's share of HIiW 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. 6. INDEMNIFICATION In lieu of and not withstanding the pro rat: risk allocation which might otherwise be imposed between CITIES and COiJNTY 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 ~~r liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement. Additionally, CITY shall indemnify, hold harmless, and defend COtTNTY, its ofIcers, agents, and employees with resp~~t to any loss, damage, liability, cost or expenses, including attorney fees, arising from misuse of the Fee distributed to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any actions bmught by third parties based on COUNTY's negligence in the collection or distribution of said Fees. ACIENCY ACIREEMENT FOR OpUNTYWmB AB 939 I1ViPLEMENPATION FEE 3 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 in December 2000, and continue quarterly through August 2003. 8. PARTICIPATION IN TIIE COi;~NTYWIDE HHW PROGRAM CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COi:21TYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Regardless of whether CITIES eater into the Agreement, CTTIES's share of funds collected for Abandoned Waste Disposal Costs will be paid directly to the Countywide HHW Program as described in Exhibit C. 9. LATE PAYMENTS If Fee payments and disposal documentation aze 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 CTTIES 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 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, and.payments made by the landfills and non-disposal facilities to the COUNTY and by the COUNTY to CITIES. 11. REQUEST FOR REVIEW In the event CITIES have a dispute regarding the calculation of its share of the Fee, CITIES may request in writing a review by COUNTY within 10 days of AGENCY AGREENffi~1T FOR OOUNT'YWID$ AB 939 IIvIPLEMENTATiON FBE 4 receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CTTIIS in writing 12. EFFECTIVE DATE OF AGREEMENT This agreement takes effect only upon approval by all fifteen cities and the COUNTY. 13. AMENDMENT This Agreement maybe amended only by ati instrument signed by the parties. 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 sorely 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. 15. TERM OF AGREEMENT The term of this Agreement shall be from Jtily 1, 2000, to August 31, 2003, or until all funds from the last quartet'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, 2000. Said landfills .and non-disposal facilities will be billed for the Fee through June 30, 2003. 16. EXTENSION OF TERM This Agreement maybe extended in three-~/ear extensions upon written agreement of COUNTY and CITIES. 17. 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 in Exhibit D attached hereto or at such addre.;s as the party may designate in writing in accordance with this section. AGENCY At3RBffiVtENT FOR QOtJNT'YWIDE AB 939 IIVIPLBI~RBNTATION FBE 18. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 19. 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 parities or their assigned designates. 20. 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. IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COT:RVTYWIDE AB 939 IlVIPLEMENTATION FEE Agreement on the dates as stated below: "COUNTY" COUNTY OF SANTA CLARA, apolitical subdivision of the State of California B ~f y~ Donald F. Gage, Chairpe on, Board of Supervisors Date: MAY ~ ~~~~ ~~C~,~~ CITY OF Cupertino By ohn Statton ~' ~ ~' ~'U Title Mayor at ATTEST: ~~ ~~ Phyl ' Perez, Clerk, Board of Supervisors Date: M,~Y ~ ~ ~~~~ APPROVED AS TO FORM AND LEGALITY: ~ S~ I 0 0~ Kathy Kre chmer Date Deputy County Counsel ACIENCY AC3REBIVIBNT FOR QOUNPYWIDB AB 939 IIVIPLBIVIDNTATION FBE 6 EXHIBI'C A LANDFILLS LOCATED IN S~~N'TA CLARA COUNTY Guadalupe Rubbish Disposal Site Kirby Canyon Sanitary Landfill Newby Island Sanitary Landfill Owens-Corning Fiberglas Landfill Palo Alto Refuse Disposal Area Zenker Road Landfill Pacheco Pass Sanitary Landfill NnN-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN' SANTA CLAFtA COUNTY City of Palo Alto Green Composting Facility Material Recovery Systems Facility Newby Island Compost Facility Zenker Materials Processing Facility The Recyclery at Newby Island San Martin Transfer Station Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z-Best Composting Facility GreenWaste Recovery Facility ComCare Farms Composting Facility Pacheco Pass Landfill Composting Facility Butterick Enterprises Recyclery . Premier Recycling Facility AGENCY AC3REEMENT FOR OpUNTYWIDE; AB 939 ~pi,EMENTATION FEE ~ EXI3IBIT B FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FED Each jurisdiction located in Santa Clara County will receive $1.30 per ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa Clara County, 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. AGENCY AGREEMENT F4R QOUNTYWIDE AB 939 Il~II'LEMENTATION FEE 8 EXHIBI'7C C COUNTYWIDE HOUSIEHOLD ILA~aRnOUS - WASTE PROGRAM IiHW FEE (HHW Fee) 1. PROGRAM FUNDING SOURCE HHW Program services aze directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW Fee of $1.50 per ton collected as part of the AGENCY AGREEMENT FOR COLJIVTYWIDE AB 939 IlvIPLEMENTATION FEE will be the primary source of funding of HHW Program services. Funds derived from the HHW Fee will be ~~llocated among four types of HHW service costs as follows: A. Fixed Program Costs will be apportion~~ based on the number of households in each participating jurisdictiion. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the Department of Finance, Demographic Research Unit in their most recent Report E-1, "Population Estimates for. California Cities and Counties". B. Abandoned Waste Disposal Cost will be apportioned based on the number of households in all cities and towns in 5<<nta Clara County and in the unincorporated azea of the county. C. Variable Cost Per Car to provide a base level service to 3% of households in all participating jurisdictions. D. Discretionary Funding funded on Tonnage generated per participating jurisdiction. 2. FIXED PROGRAM COST Fixed Program Costs shall be calculated a1; $1.12, $1.19, and $1.24 per household per jurisdiction for fiscal years 2001 through ~t003 respectively. Fixed program costs may include, but aze not limited to 4.5 full-tone equivalent staff members, facility leasing costs, vehicle lease costs, office supplies, county administrative overhead, training costs, equipment and facility mauitenance, union negotiated salary and benefit increases and state mandated facility closure costs. 3. ABANDONED WASTE DISPOSAI, COST Abandoned Waste Disposal Costs will be calculated at $0.17 per household for all households in the cities and towns of Santa Clara County and in the unincorporated area of the county. This portion of the funds shall be distributed directly to the AC3BNCY AGREEMENT FOR OOUNTYWIDE AB 939 IMPLEMENTATION FBE 9 Countywide HHW Pmgram. All jurisdictions throughout the COUNTY contribute to this cost including jurisdictions not participating in the AGENCY AGREEMENT FOR COi:fI1TY~WIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The abandoned waste disposal cost portion will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations. For the purposes of this agreement, the PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organizations as follows: (1) "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 xevenues from the handling and sale of those donated goods or materials. 4. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection Facilities and Mobile Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable.Cost Per Car is estimated to be approximately $60 per car for Fiscal Yeaz 2001. The estimated cost per car will be adjusted annually to reflect actual service costs. After Fixed Costs and Abandoned Waste Costs are allocated on a per household basis, the Variable Cost. Per Caz will be used to calculate the costs to service 3% of households across all participating jurisdictions. If the level of 3% of households is not reached,. the Countywide HHW Program will use the remaining balance ~of funds, in cooperation with the CITIES that has less than 3% participation levels, to increase public outreach and/or provide additional services in that jurisdiction the following year.. 5. DISCRETIONARY FUNDING The Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of Fixed Program Costs, Abandoned Waste Disposal Costs and Variable Per Caz Costs. Discretionary Funds will be paid as directed by each jurisdiction. 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, subsidizing curbside used motor oil collection, funding HHW public education,. or providing special programs such as door-to-door collection of HHW for the elderly and/or disabled. 6. PROGRAM FUNDING PASS-THROUGH Annual funding calculations include HHW Fees collected on behalf of all County jurisdictions. CITIES, at their option, may participate in~the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE AGENCY AGREEMENT FOR OOUNTYWIDE AB 939 IIViPLEMENTATION FEE 10 HOUSEHOLD HAZARDOUS WASTECOLLECTION PROGRAM. CITIES NOT participating in the Agency Agreement willl receive their pro-rata share of funding received by the COUNTY from the HHW ]~ ee, with the exception of funds for the abandoned waste disposal 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 s~~tvices on an emergency basis; then services to these residents will be provided on a cost recovery basis. A charge equal to the published rates charged 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 6 of the AGENCY AGREEMENT FOR COI;fI1`TYWIDE AL. 939 IlVIPLEMENTATION FEE. . AGENCY AGREEMENT FOR OOUR~iTYWIDB AB 939 IIvIpLEMBNTATION FEB 11 Ezhihit D List of Contacts CITY OF CAMPBELL: BILL HELMS ENVIRO. PROGRAMS MGR 70 NORTH FIRST STREET CAMPBELL CA 95008 (408) 866-2150 billh@ci.campbell.ca.us CITY OF CUPERTINO: LAVEI~TIA MII,LAR ENVIlZONMENTAL PROGRAMS 10300 TORRE AVENUE CUPERTINO CA 95014 (408) 777-3242 :. laveniam@cupertino. org CITY OF GILROY: LISA JENSEMA ENVIROI`~NT PROGRAM COORDINATOR 7351 ROSANNA STREET GILROY CA 95020 (408) 846-0460 lj ensema@ci. gilroy. ca.us TOWN OF LOS ALTOS HILLS: JIM RASP PUBLIC WORKS MANAGER 26379 FREMONT ROAD LOS ALTOS HILLS CA 94022 (650) 941-7222 jrasp@losaltoshills.ca.gov TOWN OF LOS GATOS: REGINA FALKNER C011~N[LJNITY SERVICES DIVISION P O BOX 949 LOS GATOS CA 95030 (408) 354-6820 rfalkner@town.los-gatos.ca.us CITY OF SUNNYVALE: MARK BOWERS PO BOX 3703 SI:~~INYVALE CA 94086 (408) 730-7421 mbowers(a,ci.sunnvvale.ca.us TOWN OF LOS ALTOS: BRUCE BANE ONE NORTH SAN ANTONIO RD LOS ALTOS CA 94022 (650)948-1491 bruce.bane@ci.los-altos.ca.us CITY OF MII.PTTAS: BARBARA DANIELS SENIOR ADNIINISTRATIVE ANALYST 455 E CALAVERAS BLVD MILPITAS CA 95055 (408) 586-3353 bdaniels@ci.milpitas.ca.gov CITY OF MORGAN HII.L: TONY EULO ENVIRONMENTAL PROGRAM MGR 17555 PEAK AVE MORGAN HII,L CA 95037 (408)' 779-7247 teulo@ch.morgan-hill.ca.gov CITY OF SAN JOSE: SKIP LACAZE ENVIlZONMENTAL SERVICES DEPT. 777 NORTH FIRST ST SUITE 450 SAN JOSE CA 95112 (408) 277-3994 skip. lacaze@ci. sj . ca. us, AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Ezhibit D CITY OF MONTE SERENO: BRIAN LOVENTIiAL CITY MANAGER 18041 SARATOGA/LOS GATOS ROAD MONTE SERENO CA 95030 (408)354-7635 bloventhal(a,yahoo.com L. SCOTT HOBSON HILTON FARNKOPF & HOBSON, LLC 2201 WALNUT AVB. SUITE 280 FREMONT, CA 94538 (510) 713-3274 shobsonCa~,hfh-consultants.com CITY OF SANTA CLARA: RICK MAUCK DEPUTY DIRECTOR OF PUBLIC WORIOi STREET SUPERINTENDENT 1500 WARBURTON AVENUE ' SANTA CLARA CA 95050 (408) 615-2050 rniauckCa,ci.santa-clara.ca.us CITY OF SARATOGA: PAULA REEVE ASSLSTANT TO THE CITY MANAGER 13777 FRUI'TVALE AVENUE SARATOGA CA 95070 (408) 868-1267 cityhallCa,saratoQa.ca.us CITY OF MOUNTAIN VIEW: CYNTHIA PALACIO PUBLIC WORKS DEPT P O BOX 7540 MOUNTAIN VIEW CA 94039 (650) 903-6229 cynthia.palacio(a,ci.mtnview.ca.us CITY OF PALO ALTO: RUSSELL REISERER MANAGER OF ENVIIZONMENTAL PROGR P O BOX 10250 PALO ALTO CA 94303 (650) 496-6951 russell reiserer(a~city.nalaalto.ca.us SANTA CLARA COUNTY: MARGARET RANDS PROGRAM MANAGER INTEGRATED WASTE MANAGEMENT 1735 N FIRST ST STE #275 SAN JOSE CA 95112 (408) 441-1198 marQaret.randsna,aln.co.santa-clara:ca.us AND SANTA CLARA COUNTY: SHARON DOWELL HAZARDOUS MATERIALS PROGRAM MANAGER HOUSEHOLD HAZARDOUS WASTE PROG 2220 MOORPARK AVE. SUITE 204 SAN JOSE CA 95128 (408) 299-6688 Sharon dowell(cr~deh.co.santa-clara.ca.us A(3ENC'Y AaREFMENT FOR OOUNTYWIDE HOUSEHOLD f[A?,ARDOUS WASTE OOII.EC['[ON PROGRAM ~~(~it~~ t>I Ct~~~ertino City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408)'777-3354 FAX: (408) 777-3333 PUBLIC WORKS DEPARTMENT Environmental Division TRANSMITTAL MEMORANDUM To: ~~ O'~ ~~ i 12• ~~J~L'Gt~` 'P. o.~, ox ZSo~ o ~~ ~o~. ~ ~~ ~ - go'10 Attn: ~ ~~~~ We are enclosing the following: DATE: PROJECT: FILE NO: ~ S ~ ~ . ?~ Comments: CITY OF CUPERTINO MhiCi! .IUH ~~ 9 38 Q~;~ '~Q Lavenia Millar Environmental Programs Manager Printed on RecyGed Paper ~~~ RESOLUTIOr1 NO.00-183 ~ A RESOLUTION OF THE CITY COUI\"CIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF' AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM WHEREAS, there has been presented to the City Council the "Agency Agreement For Countywide Household Hazardous Waste: Collection Program", between the County of Santa Clara and the City of Cupertino; and WHEREAS, the Agency Agreement vrill provide for continued city participation in the household hazardous waste collection program for fiscal years 2000-01 through 2002-03;and WHEREAS, the provisions of the A4;ency Agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the "Agency Agreement For Countywide Household Hazardous Waste Collection Program" and authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19r'' day of June, 2000, by the fi~llowing vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/John Statton City Clerk Mayor, City of Cupertino AGENCY AGREEMENT FOR COLRVTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the city of Cupertino (CITY ~or Participating Jurisdi tion) and the County of Santa Clara (COUNTY) on the ~- day of ~,r~w 2000. 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, regazdless of the specific location at which an event has been scheduled; and WHEREAS, the participating jurisdictions desire to provide residents with convenient opportunities to safely dispose of their hou:~ehold hazardous waste (HIiV~ 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 lpolish, solvents, oven cleaner, pesticides, o~ based paints, motor oil; antifi~oeze and car batteries. Residents of the CITY listed above will be eligible to bring household hazardous wastes to any household hazazdous waste collection event where th~~e wastes will be. accepted for~proper disposal as described below; and ~ . WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY'2001 through FY'2003 (July 1, 2000 -June 30, 2003); and WHEREAS, the participating jurisdiction:; desire to provide household hazardous waste collection services to a minimum oi' 3% of the households per fiscal yeaz in each participating jurisdiction; and WHEREAS, the County Boazd of Supervisors has approved a Countywide Household Hazardous Waste Fee (HIiW Fee), as authorized by Public Resources Code 41901, to be collected at $1.50 on each ton of waste disposed of at landfills located within the county or taken to non-disposal facilities llocated within the county where it is to be transported for disposal to landfills located outside of Santa Clara County. AGENCY AOREFMOd'I' FORaOUNTYWmB HO[JSBHOLD HA7.ARDOiIS WASTB OOLI.E~t'IION PROGRAM NOW, THEREFORE, CITY, named above and COUNTY OF SANTA CLARA 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 their residents. Participating jurisdictions are those jurisdictions that enter into an "AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM." 2. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW Fee, of $1.50 per ton, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IlViPLEMEN'TATION FEE will be the primary source of funding for HHW Program services. Funds derived from the HHW Fee will be allocated among four types of HHW 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 Department of Finance, Demographic Research Unit in their most recent Report E-1, "Population Estimates for California Cities and Counties". B. Abandoned Waste Disposal Cost will be apportioned based on the number of households in all cities and towns in Santa Clara County and.in the unincorporated area of the county. C. Variable Cost Per Car to provide a base level service to 3% of households in all participating jurisdictions. D. Discretionary Funding funded on tonnage generated per participating jurisdiction. The projected HHW Fee funding allocation by jurisdiction is set out in Attachment A. 3. FIXED PROGRAM COST Fixed Program Costs shall be calculated at $1.12, $1.19, and $1.24 per household per jurisdiction for fiscal years 2001 through 2003 respectively. Fixed Costs are projected for Fiscal Year 2001 through 2003 in Attachment B. Fixed Program Costs may include, but are not limited to 4:5 staff members, facility leasing costs, vehicle lease costs, office supplies, county administrative overhead, training costs, equipment and facility maintenance, tuuon negotiated salary and benefit increases and state mandated facility closure costs. AaBNCY AOREEMPM FOR QOUMYW(pE HOUSE~iOLO HAZARDO(IS WASTB QOLZ~B~CT[ON FtiOClRAM 2 4. ABANDONED WASTE DISPOSAL COST Abandoned Waste Disposal Costs will be calculated at $0.17 per household for all households in the cities and towns of Santa Clara County and in the unincorporated area of the county. The abandoned waste disposal cost portion will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations. For the purpose of this agreement, the PUBLIC RESOURCES CODE SECTION'41904 defines a nonprofit charitable reuse organiz<<tion as follows: (1) ".Nonprofit charitable reuser" means a chharitable 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 SO percent. of its revenues from the handling and sale of those donated goods or materials. 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 (CoHHWCF) Facilities and Mobile Events. The Variable Cost Per Car is estimated to be appmximately $60 per car for Fiscal Year 2001. The estimated cost per car will be adjusted annually to reflect actual service costs. After Fixed Program Costs and Aba~idoned Waste Disposal Costs are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 3% of household across all participating jurisdictions. If the level of 3% of households is not reached, the CoHHW Progiam will use the remaining balance of funds, in cooperation with the CITY that hR~s less than 3% participation levels, to increase public outreach and/or provide additional services in that jurisdiction the .. following year. -. . 6. DISCRETIONARY FUNDING The Discretioaary Funding portion will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, Abandoned Waste Disposal Costs, and Variable Per Car Costs. Discretionary Funds will be paid as directed by each jurisdictio». Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but aze not limited to, increasing the number of residents served :~ any jurisdiction by the Countywide HHW Program, subsidizing curbside used motor oil collection, funding HHW public education, or providing special programs :uch as door-to-door collection of HHW for the elderly and/or disabled. 7. ADMINISTRATION AND PAYME]:VT OF HIiW FEE The Santa Clara County Integrated. Waste Management Program (IWMP) will administer the Fee, as part of the existing landfill billing system. .Administration AOENCY AOREE~IBNT FOR OoUNYYWIDB HOUSEHOLD HAZARDOUS WASTB QOILECIYON PROCIRAM and payment. will be made in accordance with the AGENCY AGREEMENT. FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE. 8. PROGRAM PUBLICITY The CoHHW Program shall have responsibility for developing and coordinating countywide awareness of HHW and Oil Recycling Programs. HHW Program public awareness responsibilities shall include, but may not be limited, to the following activities: • Serving as the formal contact to the major media. • 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 for schools and businesses and attendance at community events such as local fairs and festivals. • CoI~HW Program will provide participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. CITY public .awareness responsibilities, at the sole discretion of the CITY, shall include, but may. riot be limited to the following activities: • Provide a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication. • Adapting and distributing the media relations materials developed by the CoHHW Program to local newsletters, newspapers and to the electronic media. • Providing the HHW Program with a copy of locally produced materials. • CITY is responsible for conducting supporting. outreach and publicity to attain the 3% goal of household participation. 9. DELEGATION OF AUTHORITY The Boazd of Supervisors delegates all CoHHW Program management to the Department of Environmental Health. The Director of the Department of Environmental Health has the authority to execute all vendor contracts necessary to operate the program, to execute ariy necessary license agreements, to add additional services provided on a cost recovery basis and to terminate any contracts as warranted. All contracts/agreements/amendments shall first be approved by County Counsel. AGENCY AaREENIOd'I' FOR OOUNTYW[DE HOUSEHOLD HAZARDOUS wASTB QOLt.Bf.'T[ON PROGRAM 4 10. MOBILE IiHW EVENTS: COUN'T'Y shall conduct Household Hazardous Waste Collection Events at various sites located in Santa Clara County. The COUNTY shall obtain all necessary permits and licenses required for the Events and shall provide or contract for the services of _ properly trained, qualified personnel and ha~:ardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazard~~us wastes collected at Events. 11. HOUSEHOLD HAZARDOUS WAS7CE COLLECTION FACILITIES COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF). ~~ third facility is planned and should become operational in September 2001. 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..The CoHHW Program will schedule an adequate number of collec~~on days to provide service to 3% of households. The CoHHWCFs are located at: • Sunnyvale Recycling Center, l i44 Carl Ave., Sunnyvale ~ Tenth Street Center, 160010th: Street, San Jose • San Martin, Murphy Avenue (future site, September, 2001) 12. CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR DISPOSAL PROGRAM ~ ~. COUNTY will provide services to accept Hazardous waste from Conditionally Exempt Small Quantity Generators (CESQ!G). A CESQG is defined by Federal regulation as a business that generates less than 100 Kilograms (2201bs.) of hazardous waste or 1 Kilogram (2.21bs.) of extremely hazardous waste per month. Eligible businesses within the county will 'be allowed to bring their hazardous waste to CESQG collection events, which will. be scheduled at the 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, on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for collecting fees from participating businesses. See Attachment D, titled Santa Clara County CESQG Drop-off Price List. 13. ABANDONED HOUSEHOLD HAZARDOUS WASTE 'The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and nonprofit charitable reusers. Abandoned household hazardous waste AGHNCY AGREBNIENT FOR OOZJNTYVVIDE HOUSEHOLD EiAZARDOUS WASTB OOL.ECfION PROGRAM means a household hazardous- waste left at a property by an unknown porky. 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. Government agencies will be chazged for disposal of abandoned household hazardous waste according to the GoHHW Program's published rates for conditionally exempt small quantity generators (C~Q~)• 14. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reeser organization, is a nonprofit as defined in Section . SO1C(3) of the Federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization. A Nonprofit Charitable Reeser is further defined as an organization that reuses and recycles donated material and receives more then 50% of its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reeser, the business must submit to the Director of Environrnental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on .the designation. COUNTY will accept abandoned household hazardous waste from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned household hazardous waste in an annual. amount not to exceed funds available from the Abandoned Waste Disposal Cost funding generated by the AGENCY AGR.Et.EMENT FOR CODE AB 939 IlV~I:EMENTATION FEE (Fee). Disposal available to Nonprofit Charitable Reeser shall be on a fast come first serve basis. Once the cost for disposal of the abandoned household hazardous waste from Nonprofit Charitable Reusers is equal to the available. funds collected through the Fee in any one fiscal year, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be chazged for disposal of abandoned household hazardous waste according to the HHW Program's published rates for CESQGs. No costs shall be applied to the budget of a participating CITY. 15. WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to materials as defined in Health and Safety Code Section 25218.1(e) or as later amended, and include, but are not limited to, automotive. fluids, automotive and other types of batteries, latex and oil paint; oil filters, garden chemicals, household cleaners, pool chemicals and other common hazardous consumer products. 16.. WASTES NOT ACCEPTED Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited ta, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW AQENCY AGREEMENT FOR 00[MrYWIDE HOUSEHOLD HAZARDOUS WASTB OOLLSCT[ON PROGRAM program are wastes generated as part of operating a business, including a home operated business, except that waste from CESQGs as provided for in Section 12 above shall be accepted. 17. ADDITIONAL SERVICES .UNDER THIS AGREEMENT A 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 CTTY's authorized representative and the Director of the Department of Environmental Health. Additional services may include, but are not limiied to, additional appointments (charged at the variable cost per car rate), Door-to-Door HHW Collection, Used Oil Filter Collection and Abandoned Waste Collection. CITY agrees to augment up to an additional $ 2 2 , 6 61 to the Countywide HHW Program during Fiscal Year 2001 for the pL~rpose of increased resident participation above the 3% service level at the scheduled. collection dates listed in Attachment C. Augmentation will be calculated at the variable cost per car rate which is estimated at $60.00 per car. Fiscal Year 2002 and FY :!003 funding augmentations shall be agreed upon in writing by the Director of the Department~of Environmental Health. and the designated CITY representative. other services will be charged on a cost recovery basis. If the CITY elects to augment funding, the COUNTY will bill CITY, at the end of each fiscal quarter for additional resident participation above the 3% service level. Payment is due within 30 days .of the invoice date. At the end of.each fiscal year, a final annual cost statement shall be prepar~xl by the COUNTY and. issued to the CITY by September 15. The annual cost statement will take into consideration costs incurred on behalf of the CITY for additional services and all payments made by the CITY to the COUNTY. If any balance is owed to the COUNTY, it will be due by October 15 following receipt of the annual cost statement. If any credit is owed to the CTTY, COUNTY will refund that amount •to the CITY by October 15. 18. INFORMATION AND REGISTRATION LINE COUNTY will operate a telephone information and registration 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 Mobile HHW Events and. CoHHWF and provide information about hazardous household materials. CITY wild be notified when indicated resident participation approaches the 3% base level of service. 19. SCHEDULING AND SITE SELECTION COUNTY shall work with the CITY to determine the date(s) of the Events and collections at the CoHHWCF. The CITY shall coordinate with the COUNTY in locating and securing sites for Mobile HF[W Events. It is recognized that some of the cities participating in the Program may not have appropriate sites available. A AQENCY•AaRF.HvIENTFOR OOZlNTYW[DE HOUSOiOLD HAZARDOUS WASTB COL[~(TION PRA(7RAM 7 proposed schedule of Mobile HHW Events and collections at CoHHWCR~is included as Attachment C. COUNTY will schedule an adequate quantity of collection days to serve the 3% level of service in each participating jurisdiction. 20. OUTSIDE FUNDING During the term of this agreement, COUNTY will seek outside funding_sources to begin services that would supplement existing services such as permanent collection sites, equipment, and operational funding. If funding is obtained,-the Program will, at the COUNTY's discretion, proceed with development of additional programs without affecting CTTY's available funding allocation. 21. REGIONAL GRANT PARTICIPATION The CoHHW Program is hereby given permission by all participating jurisdictions to apply for future grants from the California Integrated Waste Management Board which are available under the California Oil Recycling Enhancement Act of 1991 and all Household Hazardous Waste grants under the California Integrated Waste • Management Act. The Countywide HHW Program will act in behalf of.all participating jurisdictions, as the lead applicant and grant administrator, and will use the grant funds for the development of a Countywide HHW Program. The CoHHW Pmgram will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply. 22. 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 minimi~.e potential public health and safety impacts, as well as to minimi~E costs and confusion. Attachment E will provide clarification to local jurisdictions about delegation of 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 the CTTY's responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of a special emergency event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Collection events can be scheduled in as little as ten (10) working days of a CTTY's written request or at an agreed upon date thereafter. The 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 AGENCY AOREEMEN[' FOR OOUN4YWIDE HOUSEHOLD HAZARDOUS WASTB QOIl.EE'rION PROGRAM $ Substances Control, and handle wastes in aG;ordance with State law. COUNTY will bill CITY for all special emergency events on a cost recovery basis and a1F~ayments shall be due thirty days following the receipt of the invoice. 23. 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. The.transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared iby all participating jurisdictions and the COUNTY, as described in Section 27 of this agreement. Summary information concerning these corporate sponsored event: will be included in the HHW Program's annual report to the participating jurisdictions. 24. INSURANCE CERTIFICATES Contractors. who provide hazardous waste tzansportation, treatment, or disposal services shall have insurance with the following minimum limits: General Comprehensive - $1 million per occurrence;, $2 million aggregate; Auto -$1 million; workers compensation --statutory limits esl;ablished by law; and environmental impairment liability -$1 million per occurrence, $2 million aggregate. Other contractors shall have insurance in amounts to be determined by the COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certi$ca~es from each of the contractors prier to the contractor providing service to the program. All insurance certificates shall name the CITY, its officers and eanployers as additional insured. 25. WASTE TRACHING AND REPORTII~iG Within 30 days following the end of each quarter, COUNTY.will provide. a report to the CITY regarding participation rates from each participating jurisdiction. Midyear 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 transportation and disposal. COUNTY will prepare a report summarizing progra~i activities which were delivered to the participating jurisdictions no later than six months after the end of the COLJN'TY's fiscal year. It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate. For purposes of any potential disposal liability, each participating jurisdiction shall be deemed .a discharger of only its pro rata proportion of household participation in the Program.. For example, if the program served 1,000 vehicles from the City of Milpitas and 10,000 vehicles total from all participating jurisdictions, the pro rata portion of household participation from lvlilpitas would be ten percent. See also Section 27. '. AQBNCY AaREEMEM' FOR OOUNTYWIDB HOLISIIiO;LD HAZARDOi1S WASTB OOILECTiON PROGRAM 9 COUNTY shall take steps to assure that the quarterly statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in~services scheduled during the next quarter. Although the COUNTY will make every effort to keep the Variable Cost Per Car at approximately $60, an adjustment to ttie Discretionary Funding may be necessary. 26. PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHI~W Program. 27. 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 COTJN'I'Y and CITY agree that pursuant to Govemment 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 CTT~"s apportioned share of any liability incurred and attributed to the Countywide HIiW 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. The 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 the CITY for transportation, treatment or disposal in any case where the COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 24 above. AGENCY AOREElulENT FOR OON~f I'yW(pE HOUSEHOLD HAZARDOUS WASTB OOI1.E('T[ON pgpaRA~y( 10 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 Yo participate in the event: Liability for the nonuesident portion of the disposal of waste shall ~be shared by the cities and the county ass described above. The nonresident portion shall be determined by calculating tree percentage of nonresidents ~'., participating is the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing the 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 an}~ liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal o£iheir 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, b;y weight, of the total household hazardous waste accepted by the Countywide H[3W P~ngram. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the totaa liability prior to assessing the CITY's apportioned share of any liability for household hazardous waste. 28. TERA~IINATION This agreement may be terminated by any party upon one-year (365 days) written notice given by the anniversary date of each contract year. 29.. TERM OF AGREEMENT The term of this Agreement shall be from ]uly 1, 2000, to June 30, 2003, or until all revenue from the last quartet's Fee payments has been distributed, whichever is later. 30. EXTENSION OF TERM This, Agreement maybe extended for succeeding three-year terms if COUNTY and participating jurisdictions so agree in writing. 31. 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 anti subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. ADENCY AGREEMENT FOR OOUNTYWIDE HOUSEHOLD HAZARDOUS WASTE QOILBCTION PROGRAM 11 32. EXECUTION BY COUNTERPART This Agreement maybe 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. 33. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 34. 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 parities or their assigned designates. 35. NOTICES All notices and. communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: CITY of CUPERTINO City Representative Lavenia Millar Representative's Title Environmental Programs Manager City Address 10300 Torre Avenue Cupertino,_.CA 95014 Santa Clara County Ben Gale, Director Department of Environmental Health PO Box 28070 San Jose, CA 95129 AOENCY AOREEMBM' FOR OOUN7YWtDE HOUSEHOLD HAZARDOUS WASTB OOrLRCIiON PROCiRAM 12 IN WITNESS WHEREOF, the parties ha~~e executed this AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD I~[AZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: "COUNTY" COUNTY OF SANTA CLARA, apolitical subdivision of the State of C 'forma i ~y: Donald F. Gage, Chairperso Board of Supervisors Date: M~-Y ~ ~ 2000 ATTEST: Phylli ez, Clerk, Board of Supervisors Date: M;4Y ~ ~ 2000 APPROVED AS TO FORM AND LEGALTtY: . Kathy Kretc er Date Deputy County Counsel "CITY" CITY OF Cu ertino a munic' al ora ', b ~ ~ Y~ John Statton L~ Title: Mayor ate AQENCY AOREEMENr FOROOUNTYWIDE HOUSEHOI.Li HAZARDOUS WASTB OOLLECrION PROGRAM 13 Attachments: A FY 2001 Allocation of $1.50/ton AB 939 HHW'Fee by Jurisdiction B Estimated HHW Program Fixed Costs by Fiscal Year C ~ Draft HHW Schedule For Fiscal Year 2000/2001 _~ D Santa Clara County CESQG Drop-off Price List E Household Hazardous Waste Emergency Collection Plan AOBNCY AOREEMEt~Ti' POR OOUMf YWIDB HOUSEHOLD HAZARDOUS WASTE OOLLBCf[ON PRpQRAM 14 FY 2001 Allocation of 51.501 Ton AB 939 H HW Fee by Jurisdiction Number of households 3% of households Landfill . Disposal by ton 1998 Total Revenue at;1.50 per ton' . Fixed Cost (~ $1.12 per household Nonprofit (d~ $.17 per household Variable Cost Q 560 per'car"' City Discretionary Fund 098 $18 747 $2 086 $29 486 $14 CAMPBELL 16,159 485 42,945 $64,417 ~ , 507 19 , 961 $2 , . 351 $31 , 841 $13 CUPERTINO 17,417 523 45,106 $67,660 , $ 945 $12 , 965 $1 , 804 $20 , 544 ~ $14 GILROY LOS ALTOS 11,558 10,661 347 ~ 320 33,505 21,540 $50,258 $32,310 , $11,940 157 $3 , $1,812 $479 , $19,190 074 $5 , -$633 -$223 LOS ALTOS HILLS 2,819 85 5,659 ~ $8,488 , 917 $13 112 $2 , 367 $22 537 $13 LOS GATOS 12,426 373 34,622 $51,933 , 529 $19 , 964 $2 , 387 $31 , 859 $57 MILPITAS 17,437 523 ~ 74,493 $111,740 , 410 $1 , $214 , 266 $2 , -$801 MONTE SERENO 1,259 38 2,059 $3,089 , 543 $11 752 $1 , 551 $18 580 $19 MORGAN HILL 10,306 309 34,284 $51,426 , 945 $36 , 608 $5 , 377 $59 , -$159 MOUNTAIN VIEW 32,987 990 67,847 $101,771 , , 412 $4 , PALO ALTO'"" 25,952 5 804 $316 , 086 $48 150 $509 080 $361 SAN JOSE SANTA CLARA"" nen oe~ cvc,vv ~ 39,231 Q Alta ~,-~~~ R9R d1d ---~ ~ - ~ .121 51.23 , 056 12 , $6,669 830 $1 , , 375 $19 , _ 812 -$3 SARATOGA 10,764 323 19,633 $29,449 , $ 825 $60 , 232 $9 , 754 $97 , 327 $1 SUNNYVALE 54,308 1,629 112,759 $169,139 , 689 $39 , 024 $6 , 787 $63 , 537 $13 COUNTY 35,437 1,063 82,025 $123,038 , , , , 367 $578 869 $98 518 $929 $504 164 'TOTAL 581,582 15,492. 1,399,891 52,099,837 , , , , $4 412 361 $112 PALO ALTO""' 25,952 779 77,848 $116,773 , 669 $6 , 148 $219 SANTA-CLARA""' 39,231 1,177 150,545 $225,817 , , ' Values will fluctuate based on tonnage and number of households in each jurisdiction " Values will fluctuate based on actual cost "* City will receive pass-thru of revenue except Nonprofit portion AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM r Attachment B ESTIMATED FiHW PROGRAM FIXED COSTS BY FISCAL YEAR 2001 - 2002 2003 StaffSalary~And Benefits $375,000 $400,000 $420,000 County Admire Overhead $95,000 $100,000 $105,000 Facilities Lease Costs $25,000 $25,000 $25,000 Vehicle Lease Costs . $25,000 $25,000 $25,000 .Office Supplies $25,500 $30,000 $30,000 Maintenance $5,000 $5,000 $5,000 Staff Training $10,000 $10,000 $10,000 Facility Closure $20,000 $20,000 $20,000 ESTIMATED ANNUAL TOTAL. $580,500 $615,000 $640,000 AaBNCY AaREENIBNT FOR QOUNf YWIDE HOUSB~{oID HAZARDp[1S WASTB OOLLB~t.TION PRi00RAM DRAFT HHW SCHEDULE FOR IFISCAL YEAR 2000! 2001 Ysar Month . Saturday . 1 8 Location NO EVENT SAN JOSE yps o ven NO EVENT PERMANENT County Holidays (BOLD- NO EVENT) TOES JULY 41NDEPENDENCE DAY - 15 SUNNYVALE PERMANENT . 22 SAN JOSE PERMANENT 29 5 SUNNYVALE SANJOSE~ PERMANENT PERMANENT _. 12 SAN JOSE PERMANENT 19 ~ SUNNYVALE PERMANENT 26 2 CUPERTINO NO EVENT TEMPORARY NO EVENT MON SEPT 4 LABOR DAY 9 SAN JOSE .PERMANENT 16 SUNNYVALE PERMANENT. . 23 SAN JOSE PERMANENT • 30 7 SAN JOSE PERMANENT SOUTH COUNTY TEMPORARY. ~ MON•OCT 9 COLUMBUS DAY 14 SAN JOSE PERMANENT 21 SUNNYVALE PERMANENT 28 WEST VALLEY NO EVENT TEMPORARY NO EVENT STAFF BrHR REFRESHER TRA1NlNG 11 SAN JOSE PERMANENT SAT NOV 11 VETERANS DAY 18 SUNNYVALE PERMANENT 25 2 NO EVENT SAN JOSE NO EVENT PERMANENT THURS NOV 23 8~ 24 THANKSGMNG • • 9 SAN JOSE PERMANENT - 16 SUNNYVALE PERMANENT 23 NO EVENT NO EVENT MON DEC 25 CHRISTMAS 30 6 NO EVENT SAN JOSE NO EVENT PERMANENT MON JAN 1 NEW YEARS DAY 13 SAN JOSE PERMANENT MON JAN 15 MARTIN LUTHER KING DAY 20 SUNNYVALE PERMANENT 27 3 SAN JOSE PERMANENT SOUTH COUNTY TEMPORARY 10 SAN JOSE PERMANENT 17 SUNNYVALE PERMANENT MON FEB 19 PRESIDENTS DAY 24 SAN JOSE PERMANENT AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD IiAZARDOUS WASTE COLLECTION PROGRAM DRAFT HHW SCHEDULE FOR FISCAL YEAR 2000/2001 continued Year Month ~ SatuMay .location • 3 MT VIEW Type of Event TEMPORARY County Holidays (BOLD- NO EVENT] _• 10 SAN JOSE PERMANENT 17 SUNNYVALE PERMANENT 24 SAN JOSE PERMANENT 31 SAN JOSE . 7 MILPITAS PERMANENT TEMPORARY 14 SAN JOSE PERMANENT ~ SUNNYVALE APR 15 EASTER 21 SUNNYVALE PERMANENT • 28 LOS ALTOS 5 STANFORD TEMPORARY TEMPORARY 12 SAN JOSE PERMANENT 19 SUNNYVALE PERMANENT 26 NO EVENT 2 SOUTH COUNTY NO EVENT TEMPORARY MON MAY~28 MEMORIAL DAY 9 SAN JOSE PERMANENT 16 SUNNYVALE PERMANENT 23 SAN JOSE PERMANENT 30 SAN JOSE PERMANENT AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM . - ~ • •' RECYCLE AEROSOL FLAM LIQUID LATEX FLAM SOLID SLUDGE LAB PACK OTHER - - ~ ' ~w~rrw r~ wee rntt~iTY CESOC~ .P-OFF PRICE L13T ~,,... r, ..~,... - - ~ - - • • MOTOR OIL, SYNTHETIC OILS, TRANSMISSION FLUID, HYDRAULIC OIL, ANTIFREEZE CAR BATTERIES PCB LIGHT BALLASTS ' MIXED BATTERIES • AEROSOL CANS POURABLE LIQUIDS-ALCOHOLS, SOLVENTS, GASOLINE, ACETONE, KEROSENE, DIESEL, CLEAN PAINT THINNER LATEX PAINT GAL. CHARGED BY AMOUNT OF PAINT (BULKED) QTS. CHARGED BY CONTAINER, REGARDLESS OF AMOUNT OF PAINT POURABLE LIQUIDS WITH SOLIDS--OIL-BASED PAINT, INK (LIQUID), FLUX, DIRTY PAINT THINNER, OIL WITH WATER CONTAINER CHARGE, PRICE REGARDLESS OF AMOUNT OF MATERIAL ADHESIVES, ROOFING TAR, SLUDGES/SOLIDS, GREASE, HARDENERS, PART A, PART B, INK(POWDERED), EPOXY, RESINS, GLUE ..~ ...-..wr,n~ rc~c~ ne A11ANI IAIT ~1C 11AA'T~Rlel CONTAINER C:I-IP-hCt~E, F'RIIrC RCVHRULG.7~7 v~ n~•wv~. ~ .. . ............. LAB CHEMICALS, POISONS, COi~ROSIVES, NON-CORROSIVE AQUEOUS SOLUTIONS, GLUTARALDEHYDE, PHOTOCHEMICALS, FIXER, DEVELOPER, NEUTRAL CLEANERS,. COMPATIBLE MIXTURES, AMMONIA, ACIDS, BASES, METALS (LIQUID OR SOLID), OIL FILTERS, ABSORBANT, CONTAMINATED SOIL, CHLORINATED LIQUIDS, REFRIG. OIL, FREON, COLD STERILE, VAPO STERILE,. CONTAMINATED OIL, VAPOR DEGREASER CONTAINER CHARGE, PRICE REGARDLESS OF AMOUNT OF MATERIAL PROPANE TANKS REACTIVES, OXIDIZERS, MERCURY, EXPLOSNES, ASBESTOS, RADIOACTIVE MATERIALS, CYANIDES, PRESSURIZED CYLINDERS, PCBs, EMPTY DRUMS, FIRE EXTINGUISHERS ' MINIMUM CHARGE ' HOURLY OFFICE FEE IF NECESSAR PRICES AS OF 5/10/2000. PRICES SUBJECT TO CHANGE. FOR QUESTIONS CALL (408)299-7300. • • $3.00/GAL • $5.00 EACH $2.70/LB $5.50/LB $4 EA/ $11 IF DIOXIN $7.00/GAL $8.00/GAL $2/ QUART CONTAINER $10/ 1 GAL CONTAINER $2/ QUART CONTAINER <1 GAL $5,50/LB $18/ 1 GAL CONTAINER S90/ 5 GAL CONTAINER $55/'1 GAL CONTAINER $275/ 5 GAL CONTAINER ~' (LIQUID) OR $5.50/LB (SOLID) 16.4 OZ $10, 5GAL $50 VARIES SEE ED OR NICOLE $40.00 $40.OOMR. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Attachment E HOUSEHOLD HAZARDOUS WASTE EMERGENCY COLLECTION PLAN - 1: PURPOSE The purpose of the Household Hazardous Waste Emergency 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 will provide clarification to local jurisdictions about services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HI3V~ in response to an emergency. Jurisdictions should contact local emergency agencies, the Governors Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response. 2. TYmfing 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 City HHW Coordinators is essential. 3. Public Information/Notif~cation: 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 foams of media including: newspaper ads, posters, flyers, press releases, banners, door -to-door notices, roadside signs, signs on dumpsters, radio public service announcements, and television public access stations. Be aware of communities where multiple language ads will be necessary. 4. State HHW Collection Permits The State Department of Toxic Substances Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit, for special collection of household hazardous waste, from DTSC through their expedited approval process. AGENCY AORRBM~JT FOR DOUNIYWIDB HOUSEHOLD HAZARDOUS WASTE OOLLBCTiON PROGRAM • 1 • ~~ 5. Collection Events Temporary collection events can beset-up at vazious sites including parking lots;,city -: maintenance yazds, neighborhoods needing service, and at landfills or a centralized location to service lazger segments of the population. Waste a~llected can be transported with°the HHW Program's hazardous waste transportation vehicle..In additional, events can be scheduled at the two existing.Countywide Household Hazardous Wfiste 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 coLllection services. The County will work with City Solid Waste Coordinators to conduct cooniinated 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 wY~en~ 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 ha~.ardous waste haulers. The County shall also provide or secure suitable eq~upment 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 BOP Centers. The CoHHWCF aze located at: • Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale Tenth Street Center, 160010th Street, San Jose 6. Costs, Documentation and Reimbursements Cities will be billed on a cost recovery basis comnnensurate with the charges specified in the AGENCY AGREEMENT FOR COL:I~ITYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Costs of emergenc}~ events will be tracked and billed separately. Emergency funding applications pending from thf: 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 AGEr1CY AGREEMENT FOIL COUN'I'~~WIDE HOUSEHOLD HAZARDOUS WASTE COLLF,~~TION PROGRAM. , .AQENCY AGREEMENT FOR OOUNTYWQ~E HOUSEHOLD HAZARDOUS WASTE OOLLBCTION PR0C3RAM ~ 2 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 Attachment D of the AGENCY AGREEMENT FOR COtRJTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. 7. State and Federal Assistance and Funds It is the city's responsibility to pursue reimbursement from State or Federal agencies. State Office of Emergency Services (OES,~ The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance. may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area,.and the local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES. Follow Standardized Emergency Management System (SEMS~ All requests and emergency responses must be in accordance with"the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection. Federal Assistance If a state disaster ~azea Is declazed a federal disaster, then federal funding assistance may be available thmugh the State OES. Funding and assistance maybe available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OFS contacts regarding the proper procedures and wording of requests for assistance. AaBNCY A(3RBBMSNr FOR QOUNTYWIDB HOUSBHOLD HAZARDOUS WASTB OOLLB(.TiON PROdRAM Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA. REFERENCES California Integrated Waste Management Board, Integrated Waste Management Disaster Plan: Guidance for local government on disaster debris .management, January 1997. AGENCY AGREEMENT FOR COUNTYWIDE HOUSBHOLD HAZARDOUS WASTB COLLECTION PROGRAM 4 Emergency Planning Contacts and Personnel Primary County Contact: Department of Environmental Health Household Hazardous Waste Program Ed Ramos Hazardous Material Specialist 408-299-7300 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations. Santa Clara County Department of Environmental Health Hazardous Materials Compliance and Solid Waste enforcement Division Elwin Koehler Director 408-299-6930 Informatioa and Public Affairs 2800 Meadowview Road Sacramento, CA 95832 916/262-1843 916/262-1841(voice/TDD) OES -Coastal Region 1300 Clay Street, Suite 400 Oakland, CA 94612 S 10/286-0895 510/286-0877 (voiceJ'TDD) C13EMTREC 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 fesponse coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals. AGENCY ACiREBMENT FOR OOUNTYWmE HQUSBHOLD HAZ~-RDOUS WASTB COILBCITON PROGRAM 5 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA AMENDING THE COCfIVTYWIDE S~DLID WASTE PLANNING FEE WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amouni~ sufficient to pay the costs ~of preparing, adopting, and implementing an integrated waste management plan; and WHEREAS, a Countywide Solid Waste Planning Fee (Fee) was established in 1984 to support the Countywide Planning Program and.is expended only on cooperative countywide solid waste planning, programs, and activities; and WHEREAS, a fee of 42~ per ton of wastes disposed of at landfills located within the rnunty was approved in -1996; and WHEREAS, the Solid Waste Commission of Santa Clara County has determined that the Fee should be imposed on each tors of waste disposed of at landfills located within the county or taken to non-disposal facilities located within the rnunty where it is to be transported for disposal to landfills outside of Santa Clara County in order to assure equal ass~~smerit of the Fee on wastes and in order to fund rnuntywide costs ~of preparuig, adopting, and implementing the integrated waste management plan, rnunfi~wide programs, and other state- mandated activities; and . WHEREAS, each ton of waste will be subject to the Fee at the non-disposal facility or landfill, but not at both location; and WHEREAS, in acrnrdance with the California Environmental Quality Act (CEQA), the Fee is a categorical exemption under Section 15308 and is a statutory exemption under Section 15273 of CEQA. . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA: 1. The County of Santa Clara approvcys the collection of a Fee of 42~ per ton on all wastes landfilled at permitted disposal sites located within the county and at permitted non-disposal facilities located within the county which send wastes for landfill disposal. 2. The Fee shall be effective on July 1, 2000. 3. The County shall bill disposal site operators at the end of each calendar quarter; payment shall be due to the County within 45 days of the end of the Solid Waste Plaiudng Pee Resolution, Page 1 of 2 calendar quarter for which the payment.applies. If Fees are not paid on a timely basis, additional charges shall ~be added as follows: (a) a late processing fee of $100 shall be added if Fees are not paid within - 45 days of the end of the calendar. quarter for which the payment applies; - -. (b) a delinquent penalty of 1% per month shall be added if balance is not paid within 60 days of the end of the calendar quarter for which the payment applies. ~ . 4. In accordance with CEQA, the Board of Supervisors finds that the collection of the Fee at non-disposal facilities as well as at disposal facilities is necessary for meeting the costs of preparing, adopting, and implementing the integrated waste management plan, expenses of countywide programs, and costs of other state=mandated activities. The collection of the Pee is a categorical exemption under Section 15308 and a statutory exemption under 15273 of the State CEQA guidelines. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Clara, State of California on by the following vote: AYES: NOES: ABSENT: ABSTAIN: Donald F. Gage, Chairperson - Board of Supervisors ATTEST: Phyllis Perez, Clerk of the Board APPROVED AS TO FORM AND LEGALITY: ~VL Kathy Kret ,Deputy ounty Counsel solid waste Platu~~g Pee Resolatio~, Page 2 of 2 l05 RESOLUTIOrJ NO.00-196 p' ~ D A RESOLUTION OF THE CITY COUI\fCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF .AGENCY AGREEMENT FOR A COUNTYWIDE AB939 IMPLEMENTA'T'ION FEE BETWEEN THE COUNTY OF SANTA CLARA AND TIDE CITY OF CUPERTINO WHEREAS, there has been presented to the City Council an "Agency Agreement for Countywide AB939 Implementation Fee", between the County of Santa Clara and the City of Cupertino which provides for the Cou~ity to administer the program to collect fees for the cost of preparing, adopting and implementing an integrated waste management plan, all as more particularly specified in said agreement; and WHEREAS, the fee will be imposed on each ton of waste taken to landfills or non-disposal facilities; and WHEREAS, the provisions of the Agency Agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the "Agencyy Agreement for Countywide AB939 Implementation Fee" and authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19~' day of June, 2000, by the fallowing vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/John Statton City Clerk Mayor, City of Cupertino AGENCY AGREEfiZENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the . city o t Cupertino (CITY or P clpating Jurisdiction) and the County of Santa Clara (COUNTY) on the day of 2000. 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, regazdless of the specific location at which an event has been scheduled; and VVIHEREAS, the participating jurisdictions d~~ire to provide residents with convenient opportunities to safely dispose of their household hazardous waste (HIiV~ 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 o E household hazardous wastes. These wastes include, but are not limited to, common household products such as household .cleaning products, spot remover, furniture p!~1ish, solvents, oven cleaner, pesticides, ofi based paints, motor oii; antifreeze and car batteries. Residents of the CITY listed above will be eliglble to bring household hazardous wastes to any household hazardous waste collection event where the.~e wastes will be. accepted for proper disposal as described below; and " WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY'2001 through FY'2003 (July 1, 2000 -June 30, 2003); and WHEREAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 3% of the households per fiscal yeaz in each participating jurisdiction; and " WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Fee (HI3W Fee), as auth~~rized by Public Resources Code 41901, to be collected at $1.50 on each ton of waste disposed of at landfills located within the county or taken to non-disposal facilities located within the county where it is to be transported for disposal to landfills located. outside of Santa Clara County. AQENCY AGREEMENT FOR OOUM'YWmB HOUSPHOID HAZARDOUS WASTB OOLLEC!'[ON PROGRAM NOW, THE1tEFORE, CITY, named above and COUNTY OF SANTA CLARA 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 their residents. Participating jurisdictions are those jurisdictions that enter into an "AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HA7.ARDOUS WASTE COLLECTION PROGRAM." 2. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW Fee, of $1.50 per ton, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IlVIPLEMENTATION FEE will be the primary source of funding for HHW Program services. Funds derived from the HHW Fee will be allocated among four types of HHW 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 Yeaz by statistics compiled by the Department of Finance, Demographic Research Unit in their most recent Report E-1, `population Estimates for California Cities and Counties". B. Abandoned -Waste Disposal Cost will be apportioned based on the number of households in all cities and towns in Santa Clara County and.in the unincorporated area of the county. C. Variable Cost Per Car to provide a base level service to 3% of households in all participating jurisdictions. D. Discretionary Funding funded on tonnage generated per participating jurisdiction. The projected HHW Fee funding allocation by jurisdiction is set out in Attachment A. 3. FIXED PROGRAM COST Fixed Program Costs shall be calculated at $1.12, $1.19, and $1.24 per household per jurisdiction for fiscal years 2001 through 2003 respectively. Fixed Costs are projected for Fiscal Yeaz 2001 through 2003 in Attachment B. Fixed Program Costs may include, but aze not limited to 4.5 staff members, facility leasing costs, vehicle lease costs, office supplies, county administrative overhead, training costs, equipment and facility maintenance, union negotiated salary and benefit increases and state mandated facility closure costs. ~aalctir ~att~Fxr ~oR ootnrrxwma sous~coc.n x~z~ttnous w~sr8 oor~c~norr rROOtuurt 2 10. MOBILE HHW EVENTS: COUNTY shall conduct Household Hazardous Waste Collection Events at various sites located in Santa Clara County. The COTJN'I'Y shall obtain all necessary permits and licenses required for the Events and shall provide or contract for the services of properly trained, qualified personnel slid hazr~dous 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 Events. 11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shall conduct collection operation~~ at two County Household Hazardous Waste Collection Facilities (CoHHWCF). A third facility is planned and should become operational in September 2001. 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, ~~nd supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. The CoHHW Program will schedule an adequate number of collection days to provide service to 3% of households. The CoHHWCFs are located at: • Sunnyvale Recycling Center,l6~~ Carl Ave., Sunnyvale • Tenth Street Center, 160010th ~Stree~ San Jose • San Martin, Murphy Avenue (future site, September, 2001) 12. CONDITIONALLY EXEMPT SMAILL QUANTITY GENERATOR DISPOSAL PROGRAM -. COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators (CESQ(J). A CESQG is defined by Federal regulation as a business that generates less than 100 Kilograms (2201bs.) of hazardous waste or 1 Kilogram (2.21bs.) of extremely hazardous waste per month. Eligible businesses within the county will be allowed to bring their hazardous waste to CESQG collection events, which will be scheduled at the 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, on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for collecting fees from participating businesses. See Attachment D, titled Santa Clara County CESQG Drop-offPrice List. 13. ABANDONED HOUSEHOLD g~:ARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and nonprofit charitable reusers. Abandoned household hazardous waste ' AOETICY AGREEMENT FOR OOUNTYW[DS HOUSEHOLD HAZARDOUS WASTE OOLLC7ZON PROGRAM S means a household hazardous waste left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a lrnown 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. Government agencies will be chazged for disposal of abandoned household hazazdous waste according to the CoHHW Program's published rates for conditionally exempt small quantity generators (C~Q~)• 14. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization, is a nonprofit as defined in Section SO1C(3) of the Federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization. A Nonprofit Charitable Reuser is further defined as an organization that reuses and recycles donated material and receives more then 50% of its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the Director of Environmental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on .the designation. COUNTY will accept abandoned household hazardous waste from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned household hazardous waste in an annual. amount not to exceed funds available from the Abandoned Waste Disposal Cost funding generated by the AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IlVIPI;EMENTATION FEE (Fee). Disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the cost for disposal of the abandoned household hazardous waste from Nonprofit Charitable Reusers is equal to the available. funds collected through the Fee in any one fiscal year, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned household hazardous waste according to the HHW Program's published rates for CESQGs. No costs shall be applied to the budget of a participating CITY. 15. WASTES ACCEPTED HHW accepted by the CoHHW program shall be limited to materials as defined in Health and Safety Code Section 25218.1(e) or as later amended, and include, but are not limited to, automotive. fluids, automotive and other types of batteries, latex and oil paint; oil filters, gazden chemicals, household cleaners, pool chemicals and other common hazardous consumer products. 16. WASTES NOT ACCEPTED Certain hazardous wastes shall aot be accepted for collection and disposal. These include, but are not limited ta, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW AOBNCY A©REENIENT FOR QOUNTYVVIDE HOUSEHOLD HAZARDOUS WASTE QOI.L,8C1iON PROGRAM 6 program are wastes generated as part of operating a business, including a home operated business, except that waste from CESQGs as provided for in Section 12 above shall be accepted. 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT A 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 CIT'Y's authorized representative and the Director of the Department of Environmental Health. Additional services may include, but are not limi(ed to, additional appointments (charged at the variable cost per car rate), Door-to-Door HHW Collection, Used Oil Filter Collection and Abandoned Waste Collection. CITY agrees to augment up to an additional $ 2 2 , 6 61 to the Countywide HHW program during Fiscal Year 2001 for the purpose of increased resident participation above the 3% service level at the scheduled ~;ollection dates listed in Attachment C. Augmentation will be calculated at the variaJble cost per car rate which is estimated at 560.00 per car. Fiscal Year 2002 and FY 2()03 funding augmentations shall be agreed upon•in writing by the Director of the: Department~of Environmental Health and the designated CITY representative. Otlher services will be charged on a cost recovery basis. If the CITY elects to augment funding, the (:OUNTY will bill CITY, at the end of each fiscal quarter for additional resident participation above the 3% service level. Payment is due within 30 days of the invoice date. At the end of each fiscal year, a final. annual cost statement shall be prepared by the COUN'T'Y and. issued to the CITY by Septe:mbe:r 15. The annual cost statement will take mto consideration costs incurred on behalf of the CITY for additional services and all payments made by the CITY to the COUNTY. If any balance is o~Ned to the COUNTY, it will be due by October 15 following receipt of the annual ~;ost statement. If-any credit is owed to the CTTY, COUNTY will refund that amount to the. CITY by October 15. 18. INFORMATION AND REGISTRA7CION LINE COUNTY will operate a telephone information and registration 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 Mobile HHW Events and CoHHWF and provide information about hazardous household materials. CITY will be notified when indicated resident participation approaches the 3% base level of service. 19. SCHEDULING AND SITE SELEC'CION COiJNTY shall work with the CITY to de~:ermine the date(s) of the Events and collections at the CoHHWCF. The CITY shall coordinate with the COUNTY in locating and securing sites for Mobile HH`iN Events. It is recognized that some of the cities participating in the Program may not; have appropriate situ available. A AGENCY•AGREEMENTFORCOUNTYWTDE HOUSEHOLD HAZARDOUS WASTB COLJ.I3G'rION PROGRAM 7 proposed schedule of Mobile HHW Events and collections at CoHHWCR~is included as Attachment C. COUNTY will schedule an adequate quantity of collection days to serve the 3% level of service in each participating jurisdiction. 20. OUTSIDE FUNDING During the term of this agreement, COUNTY will seek outside funding_sources to begin services that would supplement existing services such as permanent collection sites, equipment, and operational funding. If funding is obtained, the Program will, at the COUNTY'S discretion, proceed with development of additional programs without affecting CTTY's available funding allocation. 21. REGIONAL GRANT PARTICIPATION The CoHHW Program is hereby given permission by all participating jurisdictions to apply for future grants from the California Integrated Waste Management Board which are available under the California Oil Recycling Enhancement Act of 1991 and all Household Hazardous Waste grants under the California Integrated Waste Management Act. The Countywide HHW Program will act in behalf of all participating jurisdictions, as the lead applicant and grant administrator, and will use the grant funds for the development of a Countywide HHW Program. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude a participating jurisdiction from applying for grant funds in aay case where the CoHHW Program does not apply. 22. 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 minimi~.e potential public health and safety- impacts, as well as to minimi~.e costs and confusion. Attachment E will provide clarification to local jurisdictions about delegation of 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 the CTTY's responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of a special emergency event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Collection events can be scheduled in as little as ten (10) working days of a CITY'S written request or at an agreed upon date thereafter. The 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 AOENCY AOREEM00'I' POR OOUNTYWIDE HOUSEHOLD HAZARDOUS WASTB QOi1.Ef.T[ON PRO(IRAM Substances Control, and handle wastes in acca~rdance with State law. COUNTY will bill CITY for all special emergency events on a cost recovery basis and all payments shall be due thirty days following the receipt of the invoice. 23. 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. 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 27 of this agreement. Summary information concerning these corporate sponsored events will be included in the HHW Program's annual report to the participating jurisdiction.. 24. INSURANCE CERTIFICATES Contractors. who provide hazardous waste transportation, treatment, or disposal services shall have insurance with the following minimum limits: General Comprehensive - $1 million per occurrence, $2 million aggregate; Auto -$1 million; workers compensation -- statutory limits established by law; and environmental impairment liability -$1 million per occurrence, $2 million aggregate. Other contractors shall have insurance in amounts Ito be determined by the COUNTY Insurance Manager, after consultation with C;TTY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program. All insurance certificates shall name the CITY, its officers and employers as additional insured. 25. WASTE TRACHING AND REPORTING Within 30 days following the :end of each quarter, COUNTY will provide a report to the. CITY regarding participation rates from each participating jurisdiction. Midyear and yeaz 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 transportation and disposal. COUNTY will prepaze a report summarizing program activities which were delivered to the participating jurisdictions no later than six months after the end of the COUN7'Y's fiscal year. It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate. For purposes of any potential disposal liability, each participating jurisdiction shall be deemed a dischazger of only its pro rata proportion of household participation in the Program. Eor example, if the program served 1,000 vehicles from the City of Milpitas and 10,000 vehicles total from all participating jurisdictions,.the pro rata portion of houseb~old participation from Milpitas would be ten percent. See also Section 27. AGENCY AGREEMENT FOR COUN'[YWmE HOUSEHOLD HAZARDOUS WASTB OOLLECTTON PROGRAM 9 COUNTY shall take steps to assure that the quarterly statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in~services scheduled during the next quarter. Although the COUNTY will make every effort to keep the Variable Cost Per Car at approximately $60, an adjustment to the Discretionary Funding may be necessary. 26. PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program. 27. 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, ham~less 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 inde~mnif}ring 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. The 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 the CITY for transportation, treatment or disposal in any case where the COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 24 above. AOENCY AOREFMENT FOR OOUNTYWIDE HOUSI?.HOID HAZARDOUS WASTE cOL7.Et.TION PROORAM 10 CITY shall further indemnify COUNTY for C;TTY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal. of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event: Liability for the nonresident portion of the disposal of waste shall ~be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the; percentage of nonresidents ~' -: participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing the 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 transport;~tion, treatment, or disposal o£ 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 Countywide HHW Prc-gram. 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 the CTTY's apportioned share of any liability for household hazardous waste. 28. 'I'ERNIINATION This agreement may be terminated by any p:uty upon one-year (365 days) written notice given by the anniversary date of each contract year. 29.. TERM OF AGREEMENT The term of this Agreement shall be from Judy 1, 2000, to June 30, 2003, or until all revenue from the last quarter's Fee payments has been distributed, whichever is later. 30. EXTENSION OF TERM This. Agreement may be extended for succeeding three-year terms if COUNTY and participating jurisdictions so agree in writing. 31. INDEPENDENT CONTRACTOR Each party shall perform responsibilities anal 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 rc;sponsible 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. AQENCY AGREEMENT FOR~OUM[YWIDB HOUSEHOLD HAZARDOUS WASTE O~LLECr[ON PROGRAM . 11 32. EXECUTION BY COUNTERPART This Agreement maybe 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. 33. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 34. 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 parities or their assigned designates. 35. NOTICES All notices and. communications herein required shall be in writing to the other party as follows; unless expressly changed in writing: CITY Of CUPERTINO. City Representative Lavenia Millar Representative's Title Environmental Proerams Manager City AddreSS 10300 Torre Avenue Cupertino, .CA 95014 Santa Clara County Ben Gale, Director Department of Environmental Health PO Box 28070 San Jose, CA 95129 AGENCY AGREEMEM FOit OOUNTYWIDE HOUSEHOLD HAZARDO[JS WASTE QOId.BG'IION PROGRAM 12 and payment. will be made in accordance v~rith the AGENCY AGREEMENT. FOR COUNTYWIDE AB 939 IlVIPLEMENTA'TION FEE. 8. PROGRAM PUBLICITY The CoHHW Program shall have responsibility for developing and coordinating countywide awareness of HHW and Oil Rexycling Programs. HHW Program public awareness responsibilities shall include, bLit may not be limited, to the following activities: • Serving as the formal contact to the major media. • 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 for schools and businesses and attendance at community events such as local fairs and festivals. • CoHHW Program will provide participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. CITY public .awareness responsibilities, at the sole discretion of the CITY, shall include, but may. riot be limited to the following activities: • Provide a copy of HHW pmmotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication. • Adapting and distributing the media relations materials developed by the CoHHW Program to local new:;letters, newspapers and to the electronic media. • Providing the HHW Program v~zth a copy of locally produced materials. • CITY is responsible for conducting supporting. outreach and publicity to attain the 3% goal of household) participation. 9. DELEGATION OF AUTHORITY The Board of Supervisors delegates all CoFIHW Program management to the Department of Environmental Health. Thc; Director of the Department of Environmental Health has the authority to execute all vendor contracts necessary to operate the program, to execute ariy necessary license agreements, to add additional services provided on a cost recovery basis and to terminate any contracts as warranted. All contracts/agreements/amer~dments shall first be approved by County Counsel. AGENCY AaR8F1aIEM' FOR cOrlN'rYWIDE HOUSErrOLD HAZARDOt1S WASTE QOILEE,'IiON PR0C3RAM 4 4. ABANDONED WASTE DISPOSAL COST Abandoned Waste Disposal Costs will be calculated at $0.17 per household for all households in the cities and towns of Santa Clara County and in the unincorporated area of the county. The abandoned waste disposal cost portion will fund disposal of HHW illegally abandoned at nonprofit charitable reuse organizations. For the purpose of this agreement, the PUBLIC RESOURCES CODE SECTION~41904 defines a nonprofit charitable reuse organization as follows: (1) ".Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 5. VARIABLE COST PER CAR The Variable Cost Per Caz is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection (CoHHWCF) Facilities and Mobile Events. The Variable Cost Per Car is estimated to be approximately $60 per car for Fiscal Yeaz 2001. The estimated cost per car will be adjusted annually to reflect actual service costs. After Fixed Program Costs and Abandoned Waste Disposal Costs are allocated on a per household basis, the Variable Cost Per Caz will be used to calculate the costs to service 3% of household across all participating jurisdictions. If the level of 3% of households is not reached, the CoHHW Program will use the remaining balance of funds, in cooperation with the CITY that has less than 3% participation levels, to increase public outreach and/or provide additional services in that jurisdiction the ., following year.. . 6. DISCRETIONARY FUNDING The Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, Abandoned Waste Disposal Costs, and Variable Per Caz Costs. Discretionary Funds will be paid as directed by each jurisdiction. 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 any jurisdiction by the Countywide HHW Program, subsidizing curbside used motor oil collection, funding HI~W public education, or providing special programs such as door-to-door collection of HHW for the elderly and/or disabled. 7. ADMINISTRATION AND PAYMENT OF HHW FEE The Santa Clara County Integrated. Waste Management Program (IWMP) will administer the Fee, as part of the existing landfill billing system. ,Administration AQBNCY AORE04IENT FOR OOUNTYWIDB HOUSBfiOLD HAZARDOUS WASTE OOI1ECr[ON PROGRAM 3 IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COCENTYWIDE HOUS',EHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: "COUNTY" COUNTY OF SANTA CLARA, apolitical subdivision of the State of California By: Donald F. Gage, Chairperson, Board of Supervisors Date: ATTEST: Phyllis Perez, Clerk, Board of Supervisors Date: APPROVED AS TO FORM AND LEGALITY: ~, ~.~. Sly ~ ~~ Kathy Kretc er Date Deputy County Counsel . "CITY" CITY OF Cupertino a municipa o ra i by: John Statton _- ~~~~~ Title: Mayor Date AQENCY AOREENIEM' FOR ppUNTYVViDE HOUSEFiOI.a~ HAZARDOUS WASTE OOU.ECIiON PROORAM 13 ~. Attachments: A FY 2001 Allocation of $1.50/ton AB 939 HHW Fee by Jurisdiction B Estimated HHW Program Fixed Costs by Fiscal Year C Draft HHW Schedule For Fiscal Year 2000/2001 _~ D Santa Clara County CESQG Drop-off Price List E Household Hazardous Waste Emergency Collection Plan AGENCY AGREEMENT FOR OOUNT1tWIDE HOUSEHOLD HAZARDOUS WASTB QOI.I~CT[ON PROGRAM 14 Attachment A FY 2001 Alloc ation of 51.50 Ron AB 939 H HW Fee by Juris diction Number of households 3% of households Landfill . Disposal by ton 1998 Total Revenue at 51.50 per ton* , Fixed Cost ~ $1.12 per household Nonprofit (a~ $.17 per household Variable Cost Q $60 per car'* City Discretionary Fund 098 $18 747 $2 086 $29 486 $14 CAMPBELL 16,159 485 42,945 $64,417 ~ , 507 $19 , 961 $2 , . 351 $31 , 841 $13 CUPERTINO 17,417 523 45,106 $67,660 , 945 $12 , 965 $1 , 804 $20 , 544 $14 GILROY 11,558 347 33,505 $50,258 , 940 $11 , 812 $1 , 190 $19 , -$633 LOS ALTOS 10,661 ~ 320 21,540 $32,310 , 157 $3 , $479 , 074 $5 -$223 LOS ALTOS HILLS 2,819 85 5,659 ~ $8,488 , 917 $13 112 $2 , 367 $22 537 $13 LOS GATOS 12,426 373 34,622 $51,933 740 11 , 529 $19 , 964 $2 , 387 $31 , $57,859 MILPITAS 17,437 523 74,493 , $1 , , , MONTE SERENO 1'259 51 543 $$1 $ $752 $$8 551 $19580 MORGAN HILL 10,306 309 34,284 ,426 $ , 945 $36 608 $5 , 377 $59 -$159 MOUNTAIN VIEW 32,987 990 67,847 $101,771 , , 412 $4 , PALO ALTO"'" 25,952 804 $316 , 086 $48 150 $509 080 $361 SAN JOSE 282,861 8,486 823,414 $1,235,121 , , , , ~ SANTA CLARA"'"' 39,231 056 $12 ~o,v ~ 830 $1 375 $19 -$3 812 SARATOGA 10,764 323 19,633 $29,449 9 , 825 $60 , $9 232 , 754 $97 , 327 $1 SUNNYVALE 54,308 1,629 112,759 $169,13 , 689 $39 , 024 $6 , 787 $63 , $13 537 COUNTY 35,437 1,063 82,025 $123,038 , , , , 367 578 869 $98 518 $929 164 $504 TOTAL 581,582 15,492. 1,399,891 $2,099,837 , $ , , , PALO ALTO""* 25,952 779 77,848 $116,717 $ 669 $219 148 SANTA-CLARA""' 39,231 1,177 150,545 $225,8 , , " Values will fluctuate based on tonnage and number of households in each jurisdiction '" Values will fluctuate based on actual cost *"* City will receive pass-thru of revenue except Nonprofit portion AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Attachment B ESTIMATED HHW PROGRAM FIXED COSTS BY FISCAL YEAR 2001 - 2002 2003 Staff Salary And Benefits $375,000 $400,000 $420,000 County Admin Overhead $95,000 $100,000 $105,000 Facilities Lease Costs $25,000 $25,000 $25,000 Vehicle Lease Costs $25,000 $25,000 $25,000 Office Supplies $25,500 $30,000 $30,000 Maintenance $5,000 $5,000 $5,000 Staff Training $10,000 $10,000 $10,000 Facility Closure $20,000 $20,000 $20,000 ESTIMATED ANNUAL TOTAL $580,500 $615,000 $640,000 A08NC'Y AOREEMEM' FOR OOUNTYVVIDE HOUSEHOLD HAZARDOUS WASTB OOLLeCTiON FROORAM AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD NIA7ARDOUS WASTE COLLECTION PROGRAM DRAFT HHW SCHEDULE FOR FISCAL YEAR 2000/ 2001 AGENCY AGREEMENT FOR COUNTY{MDE HOUSEHOLD HAL4RDOUS WASTE COLLECTION PROGRAM DRAFT HHW SCHEDULE FOR FISCAL YEAR 2000! 2001 continued ~.w.~rw r~ eoe ~-n~ ~t-rrv [_FQAQ .P•OFF PRICE LI$T ~ - ~ • ~ MOTOR OIL, SYNTHETIC OILS, TRANSMISSION FLUID, HYDRAULIC OIL, ANTIFREEZE CAR BATTERIES PCB LIGHT BALLASTS ' MIXED BATTERIES • AEROSOL CANS POURABLE LIQUIDS--ALCOHOLS, SOLVENTS, GASOLINE, ACETONE, KEROSENE, DIESEL, CLEAN PAINT THINNER LATEX PAINT GAL. CHARGED BY AMOUNT OF PAINT (BULKED) QTS. CHARGED BY CONTAINER, REGARDLESS OF AMOUNT OF PAINT POURABLE LIQUIDS WITH SOLIDS-OIL-BASED PAINT, INK (LIQUID), FLUX, DIRTY PAINT THINNER, OIL WITH WATER CONTAINER CHARGE, PRICE REGARDLESS OF AMOUNT OF MATERIAL ADHESIVES, ROOFING TAR, SLUDGES/SOLIDS, GREASE, HARDENERS, PART A, PART B, INK(POWDERED), EPOXY, RESINS, GLUE r~n~rceintFR ~:NARGE. PRICE REGARDLESS OF AMOUNT OF MATERIAL ,..., . LAB CHEMICALS, POISONS, CORROSIVES, NON-CORROSIVE AQUEOUS SOLUTIONS, GLUTARALDEHYDE, PHOTOCHEMICALS, FIXER, DEVELOPER, NEUTRAL CLEANERS,. COMPATIBLE MIXTURES, AMMONIA, ACIDS, BASES, METALS (LIQUID OR SOLID), OIL FILTERS, ABSORBANT, CONTAMINATED SOIL, CHLORINATED LIQUIDS, REFRIG. OIL, FREON, COLD STERILE, VAPO STERILE,. CONTAMINATED OIL, VAPOR DEGREASER CONTAINER CHARGE, PRICE REGARDLESS OF AMOUNT OF MATERIAL PROPANE TANKS REACTIVES, OXIDIZERS, MERCURY, EXPLOSNES, ASBESTOS, RADIOACTIVE MATERIALS, CYANIDES, PRESSURIZED CYLINDERS, PCBs, EMPTY DRUMS, FIRE EXTINGUISHERS • MINIMUM CHARGE ' HOURLY OFFICE FEE IF NECESSAR PRICES AS OF 5110/2000. PRICES SUBJECT TO CHANGE. FOR QUESTIONS CALL (408) 299-7300. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM $3.00/GAL $5.00 EACH $2.70/LB $5.50/LB $4 EA/ $11 IF DIOXIN $7.00/GAL $8.00/GAL $2/ QUART CONTAINER $10/ 1 GAL CONTAINER $Z QUART CONTAINER <1 GAL $5,50/LB $18/ 1 GAL CONTAINER $90/ 5 GAL CONTAINER $55/'1 GAL CONTAINER $275/ 5 GAL CONTAINER (LIQUID) OR $5.50/LB (SOLID) 16.4 OZ $10, 5GAL $50 VARIES SEE ED OR NICOLE $40.00 $40.00/HR. Attachment E ' HOUSEHOLD HAZARDOUS WASTE EMERGENCY COLLECTION PLAN 1: PURPOSE The purpose of the Household Hazardous Waste Emergency plan is to minimize potential public health and safety impacts, as well as to minimi~.e costs and confusion during an emergency or disaster. This Attachment will provide clarification to local jurisdictions about services the County can provide Gad the responsibilities of each party for the collection of household hazardous wastes (HIiV~ in response to an emergency. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response. 2. TYming of HHW While it is important to have special collection opportunities fordisaster-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 City HHW Coordinators is essential. 3. Pablic Information/Notif~cation: Cities should be prepared to pmvide 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, and television public access stations. Be aware of communities where multiple language ads will be necessary. 4. State HHW Collection Permits The State Department of Toxic Substances Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit, for special collection of household hazardous waste, from DTSC through their expedited approval process. , -. AGENCY AOREEMBN'I' FOR COUNTYWIDB HOUSBHOLD HAZARDOUS WASTB OOLLB('PION PROGRAM ~ 1 :r,:- 5. Collection Events Temporary collection events can be set-up at various sites including parking lots;, city maintenance yards, neighborhoods needing service, ~~nd 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. -Ia additional, events can be scheduled at the two existing Countywide Household Hazardous Ware Collection Facilities (CoHHWCF). The following options are available to each participating City. • Neighborhood Drop-off Events: The County is sable to provide localized service to specific areas in need of household hazardous waste collextion services. The County will work with City Solid Waste Coordinators to conduct coordiinated 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 Hou;~ehold 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 whE;n~ 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 per~~nnel 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 seivices, equipment, and supplies to properly receive, package, label, hau~.l, recycle and dispose of wastes collected at the BOP Centers. The CoHHWCF are located at: • Sunnyvale Recycling Center, 164 Carl Ave:, Sunnyvale Tenth Street Center, 160010th Street, San Jose 6. Costs, Documentation and Reimbursements Cities will be billed on a cost recovery basis commensurate with the charges specified in-the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 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 FO~t COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. - AGENCYAGREEMENT FOR aOUNTYWIDB HOUSEHOLD EfAZARDOUS WASTE OOLLBCfION 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 Attachment D of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. 7. State and Federal Assistance and Funds It is the city's responsibility to pursue reimbursement from State or Federal agencies. State Office of Emergency Services (OESI The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance. may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area,.and the local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES. Follow Standardized Emergency Management System (SEMS~ All requests and emergency responses must be in accordance with"the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection. Federal Assistance If a state disaster ~azea Is declazed a federal disaster, then federal funding assistance maybe available through the State OES. Funding and assistance maybe available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regazding the proper procedures and wording of requests for assistance. AOBNCY AaRBEMENT FOR OOUNTYWIDB HOUSEHOLD HAZARDOUS WASTE C70LLBCI'[ON PROGRAM 3 Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA. REFERENCES California Integrated Waste Management Board, Integrated Waste Manaxement Disaster Plan: Guidance for local Government on disaster debris management, January 1997. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD I{AZARDOUS WASTE COLLEC'T'ION PROGRAM 4 Emergency Planning Contacts and Personnel Primary County Contact: Department of Environmental Health Household Hazardous Waste Program Ed Ramos Hazardous Material Specialist 408-299-7300 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations. Santa Clara County Department of Environmental Health Hazardous Materials Compliance and Solid Waste enforcement Division Elwin Koehler Director 408-299-6930 Information and Public Affairs 2800 Meadowview Road Sacramento, CA 95832 916/262-1843 916/262-1841(voice/TDD) OES -Coastal Region 1300 Clay Street, Suite 400 Oakland, CA 94612 510/286-0895 510/286-0877 (voice/TDD) C13EMTREC 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 t~esponse coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals. AGENCY ACfRBEMBNT FOR OOUNTYWIDB HOUSEHOLD HAZARDOUS WASTB OOILBCI'ION PROC)RAM RESOLUTION OF THE BOARD OF SUPBRVISORS OFTHE COUNTY OF SANTA CLARA AMENDING THE COUNTYWIDE SOLID WASTE PLANNING FEE WHEREAS, pursuant to Public Resources Ccxle 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, a Countywide Solid Waste Planning Fee (Fee) was established in 1984 to support the Countywide Planning Program and. is expended only on cooperative countywide solid waste planning, programs, and activities; and WHEREAS, a fee of 42~ per ton of wastes disposed of at landfills located within the county was approved in 1996; and WHEREAS, the Solid Waste Commission of Santa Clara County has determined that the Pee should be imposed on each ton ~of waste disposed of at landfills located within the county or taken to non-disposal facilities located within the county where it is to be transported for disposal to landfills outside of Santa Clara County in order to assure equal asses;~merit of the Pee on wastes and in order to fund countywide costs ~of preparini;, adopting, and implementing the integrated waste management plan, countywide programs, and other state- mandated activities; and WHEREAS, each ton of waste will be subje~~t to the Fee at the non-disposal facility or landfill, but not at both locations; and WHEREAS, in accordance with the Califon:ua Environmental Quality Act (CEQA), the Fee is a categorical exemption under Section 15308 and is a statutory exemption under Section 15273 of CEQA. . NOW, THEREFORE, BE IT RESOLVED FAY THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA: 1. The County of Santa Clara approver the collection of a Fee of 42~ per ton on all wastes landfilled at permitted dispo:~al sites located within the county and at permitted non-disposal facilities located within the county which send wastes for landfill disposal. 2. The Fee shall be effective on July 1, 2000. 3. The County shall bill disposal site operators at the end of each calendar quarter; payment shall be due to the County within 45 days of the end of the .3olid Waste Planning Fee Resolution, Page i of 2 calendaz quarter for which the payment. applies. If Fees are not paid oh a timely basis, additional charges shall ~be added as follows: (a) a late processing fee of $100 shall be added if Fees are not paid within 45 days of the end of the calendaz quarter for which the payment applies; (b) a delinquent penalty of 1% per month shall be added if balance is not paid within 60 days of the end of the calendaz quazter for which the payment applies. 4. In accordance with CEQA, the Boazd of Supervisors finds that the collection of the Fee atnon-disposal facilities as well as at disposal facilities is necessary for meeting the costs of preparing, adopting, and implementing the integrated waste management plan, expenses of countywide programs, and costs of other state=mandated activities. The collection of the Fee is a categorical exemption under Section 15308 and a statutory exemption under 15273 of the State CEQA guidelines. PASSED AND ADOPTED by the Boazd of Supervisors of the County of Santa Clara, State of California on by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phyllis Perez, Clerk of the Board Donald F. Gage, Chairperson Board of Supervisors APPROVED AS TO FORM AND LEGALITY: .~V L Kathy Kret r, Deputy ounty Counsel Solid Waste Plai~t~~g Pee Resotutiot~, Page 2 of 2 l S ir: r'~~~ RESOLUTIOrJ NO.00-183 A RESOLUTION OF THE CITY COUl~ CIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF' AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM WHEREAS, there has been presented 1 o the City Council the "Agency Agreement For Countywide Household Hazardous Waste Collection Program", between the County of Santa Clara and the City of Cupertino; and WHEREAS, the Agency Agreement will provide for continued city participation in the household hazardous waste collection program for fiscal years 2000-01 through 2002-03;and WHEREAS, the provisions of the Al;ency Agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the "Agency Agreement For Countywide Household Hazardous Waste Collection Program" and authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19"' day of June, 2000, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, James, Lowenthal, Statton NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/Kimberly Smith /s/John Statton City Clerk Mayor, City of Cupertino