03-066 Countywide Household Hazardous Waste CollectionAGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement is made by and between the ~_ ~'~/~?~'~ld 0 (CITY
or Participating Jurisdiction) and the County of Santa Clara (COUNTY) on the
'~,v4o dayof ._JO~,l~?.-- 2003.
RECITALS
WHEREAS, the County Board of Supervisors has approved a Countywide Household
Hazardous Waste Collection Program whereby residents of the county and
participating jurisdictions will have an opportunity to safely dispose of household
hazardous wastes, regardless of the specific location at which an event has been
scheduled; and
WHEREAS, the participating jurisdictions desire to provide residents with convenient
opportunities to safely dispose of their household hazardous waste (HHW) in order to
encourage the proper disposal of toxic products, and avoid unauthorized or improper
disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a
manner which creates a health or environmental hazard; and
WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and
economical means for residents to dispose of household hazardous wastes. These
wastes include, but are not limited to, conunon household products such as household
cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides,
oil based paints, motor oil, antifreeze and car batteries. Residents of the CITY listed
above will be eligible to bring household hazardous wastes to any household
hazardous waste collection event where these 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'2004 through FY'2006 (July 1,
2003 - June 30, 2006); and
WHEREAS, the participating jurisdictions desire to provide household hazardous
waste collection services to a minimum of 3% of the households per fiscal year in
each participating jurisdiction; and
WHEREAS, the County Board of Supervisors has approved a Countywide Household
Hazardous Waste Fee (HHW Fee), as authorized by Public Resources Code 41901, to
be collected at $1.85 on each ton of waste disposed of at landfills located within the
county or taken to non-disposal facilities located within the county and subsequently
transported for disposal to landfills located outside of Santa Clara County.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
~PLICATE ORI~INA~
NOW, THEREFORE, CITY 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 its 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, orS1.85 per ton, collected
as part of the AGENCY AGREEMENT FOR COUNTYWDE AB 939
IMPLEMENTATION FEE will be the primary source of funding for CoHHW
Program services.
Funds derived from the HHW Fee will be allocated among four types of CoHHW
Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in
each participating jurisdiction. The number of households will be determined at
the beginning of each Fiscal Year by statistics compiled by the Department of
Finance, Demographic Research Unit in its 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. Available 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 $1.22, $1.27 and $1.32 per household per jurisdiction
for fiscal years 2004, 2005 and 2006 respectively. Fixed Costs are projected for
Fiscal Year 2004 through 2006 in Attachment B. Fixed Program Costs may include,
but are not limited to five (5) CoHHW Program staff members, facility leasing costs,
vehicle lease costs, office rent, office supplies, county administrative overhead,
county legal counsel, program publicity, training costs, equipment and facility
maintenance and union negotiated salary and benefit increase~.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2
4. ABANDONED WASTE DISPOSAL COST
Abandoned Waste Disposal Costs will be $0.12 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 will fund disposal of HHW illegally
abandoned at Nonprofit Charitable Reuser organizations defined in PUBLIC
RESOURCES CODE SECTION 41904.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County Household
Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The
Variable Cost Per Car is estimated to be approximately $60 per car for Fiscal Year
2003. 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 Car 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 in a particular jurisdiction, 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. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of
waste generated within each jurisdiction, and after allocation of Fixed Program Costs,
Abandoned Waste Disposal Costs, and Variable Per Car Costs. Available
Discretionary Funds will be paid as directed by each jurisdiction. Available
Discretionary Funds must be used for HHW purposes. Options for how to spend
these funds include, but are not limited to, increasing the number of residents served
in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil
collection, emergency HHW services, funding HHW public education, or providing
special programs such as door-to-door collection of HHW for the elderly and/or
persons with disabilities.
7. ADMINISTRATION AND PAYMENT OF HHW FEE
The Santa Clara County Integrated Waste Management Program (IWMP) will
administer the HHW Fee, as part of the existing landfill billing system.
Administration and payment will be made in accordance with the AGENCY
AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 3
8. PROGRAM PUBLICITY
The CoHHW Program shall have responsibility for developing and coordinating
countywide awareness of HHW and Oil Recycling Programs. CoHHW Program
public awareness responsibilities shall include, but not 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.
· Providing participating jurisdictions opportunities to review and comment
on the development of countywide outreach materials.
· Public education material distribution
CITY public awareness responsibilities, at the sole discretion of the CITY, shall
include, but not limited to the following activities:
· Providing a copy of HHW promotional materials to the CoHHW Program
for review for accuracy and completeness, prior to publication.
· Adapting and distributing the media relations materials developed by the
CoHHW Program to local newsletters, newspapers and to the electronic
media.
· Providing the CoHHW Program with a copy of locally produced
materials.
· Conducting supporting outreach and publicity to attain the 3% goal of
household participation.
9. DELEGATION OF AUTHORITY
The Board 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 any 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.
10. TEMPORARY HHW EVENTS:
COUNTY shall conduct HHW Events at various sites located in Santa Clara County.
COUNTY shall obtain all necessary permits and licenses required for the Events and
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 4
shall provide or contract for the services of properly trained, qualified personnel and
hazardous waste haulers, and shall provide or secure suitable equipment and supplies
to properly receive, package, label, haul, recycle and dispose of the household
hazardous wastes collected at Events.
11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at three County Household Hazardous
Waste Collection Facilities (CoHHWCF). 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 collection days to provide service to 3% of
households in each participating jurisdiction.
The CoHHWCFs are located at: · Sunnyvale Recycling Center, 164 Carl Road., Sunnyvale
· Tenth Street Center, 1600 lOth Street, San Jose
· San Martin, 13055 Murphy Avenue
12. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM
COUNTY will provide services to accept hazardous waste from Conditionally
Exempt Small Quantity Generators (CESQG). A CESQG is defined by federal
regulation as a business that generates less than 100 Kilograms (220 lbs.) of
hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month.
Eligible businesses within the County will be allowed to bring their hazardous waste
to 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. The Santa Clara County
CESQG Drop-offPrice List is subject to change at the discretion of County to reflect
increases or decreases in CoHHW Program costs.
13. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government
agencies and nonprofit charitable reusers. Abandoned HHW means a HHW left at a
property by an unknown party. Abandoned household hazardous waste does not
include waste generated by a known organization or agency in the course of normal
business operations such as, but not limited to, the assembly or manufacture of
products from new or used materials or the provision of charitable services such as
classroom education, meal preparation, and shelter, or the provision of services for a
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5
fee. Government agencies will be charged for disposal of abandoned HHW
according to the CoHHW Program's published rates for conditionally exempt small
quantity generators (CESQGs).
14. NONPROFIT CHARITABLE REUSER
A Nonprofit Charitable Reuser organization, is a nonprofit as defined in Section 501
(c) (3) of the United States 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 HHW from Nonprofit
Charitable Reusers and will waive disposal fees on the cost of disposal of the
abandoned HHW in an annual amount not to exceed funds available from the
Abandoned Waste Disposal Cost funding generated by the AGENCY AGREEMENT
FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE (Fee). Funding for
disposal available to Nonprofit Charitable Reuser shall be on a first come first serve
basis. Once the cost for disposal of the abandoned HHW from Nonprofit Charitable
Reusers is equal to the available funds 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 HHW according to the CoHHW Program's
published rates for CESQGs. No costs shall be applied to the budget of a
participating jurisdiction.
15. WASTESACCEPTED
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 to, compressed gas cylinders larger than 5 gallons,
radioactive materials, and explosives. Other wastes not accepted by the CoHHW
Program are wastes generated as part of operating a business, including a home
operated business, except that waste from CESQGs as provided for in Section 12
above shall be accepted.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 6
17. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY may elect to augment funding provided for in this Agreement with CITY funds.
Additional services shall be made available upon written agreement between the
CITY's authorized representative and the Director of the Department of
Environmental Health. Additional services may include, but are not limited to,
additional appointments (charged at the variable cost per car rate), Door-to-Door
HHW Collection, Used Oil Filter Collection and Abandoned Waste Collection.
CITY agrees to augment up to an additional $'~'~ g}~9 to the Countywide HHW
Program during Fiscal Year 2004 for the purpose 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 2005 and FY 2006 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 CITY elects to augment funding, 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 prepared by COUNTY and issued to CITY by November 15.
The annual cost statement will take into consideration costs incurred on behalf of
CITY for additional services and all payments made by CITY to COUNTY. If any
balance is owed to COUNTY, it will be due within 30 days following receipt of the
annual cost statement. If any credit is owed to CITY, COUNTY will refund that
amount to CITY within 30 days following delivery of the annual cost statement.
18. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday
through Friday, from the hours of 8:30 a.m. to 4:30 p.m. The information service will
register residents for the Temporary HHW Events and CoHHWCF 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 SELECTION
COUNTY shall work with CITY to determine the date(s) of the Events and
collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and
securing sites for Temporary HHW Events. It is recognized that some of the
jurisdictions participating in the CoHHW Program may not have appropriate sites
available. A proposed schedule of Temporary HHW Events and collections at
CoHHWCF is included as Attachment C. COUNTY will schedule an adequate
number of collection days to serve the 3% level of service in each participating
jurisdiction.
AGENCY AGREEMENT FOR COGN~D/WIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGKAM 7
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
COUNTY's discretion, proceed with development of additional programs without
affecting CITY'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 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 minimize potential
public health and safety impacts, as well as to minimize 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 CITY'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 CITY's writtgn 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
Substances Control, and handle wastes in accordance 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.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 8
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 CoHHW
Program's annual report to the participating jurisdictions.
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-S1 million per occurrence, $2 million aggregate. Other
contractors shall have insurance in amounts to be determined by COUNTY Insurance
Manager, after consultation with CITY. COUNTY shall obtain insurance certificates
from each of the contractors prior to the contractor providing service to the program.
All insurance certificates shall name CITY, its officers and employees as additional
insured.
25. WASTE TRACKING AND REPORTING
Within 30 days following the end of each quarter, COUNTY will provide a report to
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 program activities which were delivered to the
participating jurisdictions no later than six months after the end of COUNTY's fiscal
year.
It will be assumed for cost and reporting purposes that each participating jurisdiction
is contributing to the waste stream in proportion to the number of its residents who
directly participate. 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 Milpitas would be
ten percent. See also Section 27.
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
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 9
during the next quarter. COUNTY will make every effort to keep the Variable Cost
Per Car at approximately $60.
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, harmless from any claim, expense
or cost, damage or liability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of the negligent acts or omissions or willful misconduct of
the indemnifying party, its officers, employees or agents, under or in connection with or
arising out of any work, authority or jurisdiction delegated to such party under this
Agreement. No party, nor any officer, board member, employee or agent thereof shall
be responsible for any damage or liability occurring by reason of the negligent acts or
omissions or willful misconduct of the other parties hereto, their officers, board
members, employees or agents, under or in connection with or arising out of any work
authority or jurisdiction delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any
liability incurred and attributed to the Countywide HHW Program for the
transportation, treatment, or disposal of the household hazardous waste, once the
waste has been accepted by a licensed hazardous waste hauler. Apportionment for
disposal liability shall be determined by each participating jurisdiction's pro rata
proportion of household participation in the Program. Apportionment for
transportation and treatment liability shall be determined by each participating
jurisdiction's pro rata household participation at the event where the waste was
generated. COUNTY will use reasonable efforts to obtain recovery from all available
resources, including insurance, of any liable hauler or liable disposal facility operator.
No liability shall be apportioned to CITY for transportation, treatment or disposal in
any case where COUNTY has contracted for such services and has failed to require
the contractor to maintain the insurance requirements set forth in Section 24 above.
CITY shall further indemnify COUNTY for CITY's apportioned share of liability
incurred and attributed to the Countywide HHW Program for the transportation,
treatment or disposal of household hazardous waste at corporate sponsored events
where non-county resident employees of the corporate sponsor are authorized to
participate in the event. Liability for the nonresident portion of the disposal of waste
shall be shared by the cities and the county as described above. The nonresident
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM l 0
portion shall be determined by calculating the percentage of nonresidents
participating in the event. This percentage will then be subtracted from the total
liability for the household hazardous waste prior to assessing CITY's apportioned
share of any liability for the household hazardous waste.
COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify
COUNTY for their apportioned share of any liability incurred and attributed to the
Countywide HHW Program for the transportation, treatment, or disposal of their
hazardous waste, once the waste has been accepted by a licensed hazardous waste
hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be
determined by calculating the percentage, by weight, of the total household hazardous
waste accepted by the CoHHW Program. This percentage will be used to calculate
the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and
will be subtracted from the total liability prior to assessing CITY's apportioned share
of any liability for household hazardous waste.
28. TERMINATION
.This Agreemen~ may be terminated by any party upon one-year (365 days) written
notice given' by the anniversary date of each contract year.
TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2003, to June 30, 2006, 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 and activities described herein as an
independent contractor and not as an officer, agent, servant or employee of any of the
parties hereto. Each party shall be solely responsible for the acts and omissions of its
officers, agents, employee, contractors and subcontractors, if any. Nothing herein
shall be considered as creating a partnership or joint venture between the parties.
32. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall
for all purposes be deemed an original and all of which shall together constitute one
and the same instrument.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM I 1
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 ~A~.'~ 1~4 0
City Representative
Representative's Title
City Ad.ess
Santa Clara County
Ben Gale. Director
Department of Environmental Health
PO Box 28070
San Jose, CA 95129
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 12
IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM on the dates as stated below:
"COUNTY"
COUNTY OF SANTA CLARA,
a political subdivision of the
State of California
Board of Supervisors
Date:~J]~[~]]
ATTEST:
P~erk,~"'
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
Kathy Kretch~ner~' Date
Deputy Counfy Counsel
"CITY"
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 13
Attachments:
A
B
C
D
E
Projected AB 939 HHW Fee Fiscal Year 2004
Estimated HHW Program Fixed Costs by Fiscal Year
HHW Schedule For Fiscal Year 2004
Santa Clara County CESQG Drop-off Price List
Household Hazardous Waste Emergency Collection Plan
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGP,~.M 14
~§~
0
Attachment C
HHW SCHEDULE FOR FISCAL YEAR 2004
20031Month Day Date Location Type of Event County Holidays/Notes
July Friday 4 NO EVENT ~10 EVENT FOURTH OF JULY
Saturday $ NO EVENT ~10 EVENT FOURTH OF JULY
Friday 11 SAN JOSE PERMANENT
Saturday 12 SAN JOSE PERMANENT
Saturday 19 SUNNYVALE PERMANENT
Friday 25 SAN JOSE PERMANENT
Saturday 26 SAN JOSE PERMANENT
August Friday 1 SAN MARTIN =ERMANENT
Saturday 2 SAN MARTIN :~ERMANENT
Friday 8 SAN JOSE PERMANENT
Saturday 9 SAN JOSE PERMANENT
Saturday 16 SUNNYVALE PERMANENT
Saturday 23 CUPERTINO TEMPORARY
Saturday 30 NO EVENT ~10 EVENT LABOR DAY-SEPT 1
September Friday 5 SAN MARTIN PERMANENT
Saturday 6 SAN MARTIN PERMANENT
Friday 12 SAN JOSE ~ERMANENT
Saturday 13 SAN JOSE =ERMANENT
Saturday 20 SUNNYVALE PERMANENT
Saturday 27 SANTA CLARA TEMPORARY
October Fdday 3 SAN MARTIN =ERMANENT
Saturday 4 ;AN MARTIN PERMANENT
Friday 10 SAN JOSE ;~ERMANENT
Satarday 11 SAN JOSE PERMANENT
Satarday 18 SUNNYVALE =ERMANENT
Saturday 25 WEST VALLEY TEMPORARY
November Fdday 31 SAN MARTIN =ERMANENT
Saturday 1 SAN MARTIN PERMANENT
Friday 7 SAN JOSE PERMANENT
Saturday 8 SAN JOSE PERMANENT
Satarday 15 SUNNYVALE =ERMANENT
Fdday 21 SAN JOSE PERMANENT
Saturday 22 SAN JOSE PERMANENT
Saturday 29 NO EVENT ~10 EVENT 27 & 28 THANKSGIVING
December Friday 5 SAN MARTIN PERMANENT
Saturday 6 SAN MARTIN PERMANENT
Friday 12 SAN JOSE =ERMANENT
Saturday 13 SAN JOSE PERMANENT
Saturday 20 SUNNYVALE =ERMANENT
Satarday 27 NO EVENT ~10 EVENT DEC 25 CHRISTMAS
2004/Jan Friday 2 NO EVENT ~10 EVENT JAN 1 NEW YEARS
Saturday 3 NO EVENT ~10 EVENT
Friday 9 SAN JOSE =ERMANENT
Saturday 10 SAN JOSE =ERMANENT
Saturday 17 SUNNYVALE =ERMANENT
Friday 23 SAN JOSE =ERMANENT
Saturday 24 SAN JOSE =ERMANENT
Friday 30 NO EVENT ~10 EVENT
Saturday 3t NO EVENT ~10 EVENT
Attachment C
HHW SCHEDULE FOR FISCAL YEAR 2003~ 2004-continued
2004/Month Day Date Location Type of Event County Holidays/Notes
February Friday 6 SAN MARTIN PERMANENT
Saturday 7 SAN MARTIN PERMANENT
Friday 13 SAN JOSE PERMANENT
Saturday 14 SAN JOSE PERMANENT
Saturday 21 SUNNYVALE PERMANENT
Friday 27 SAN JOSE PERMANENT
Saturday 28 SAN JOSE PERMANENT
March Friday 5 SAN MARTIN PERMANENT
Saturday 6 SAN MARTIN PERMANENT
Friday 12 SAN JOSE PERMANENT
Saturday 13 SAN JOSE PERMANENT
Saturday 20 SUNNYVALE PERMANENT MOUNTAIN VIEW
Saturday 27 MILPITAS TEMPORARY
April Friday 2 SAN MARTIN PERMANENT
Saturday 3 SAN MARTIN PERMANENT
Friday 9 SAN JOSE PERMANENT
Saturday 10 SAN JOSE PERMANENT
Saturday 17 SUNNYVALE PERMANENT
Saturday 24 SANTA CLARA TEMPORARY
May Friday 30 SAN MARTIN PERMANENT
Saturday 1 SAN MARTIN PERMANENT
Friday 7 SAN JOSE PERMANENT
Saturday 8 SAN JOSE PERMANENT
Saturday 15 SUNNYVALE PERMANENT
Saturday 22 LOS ALTOS TEMPORARY
Saturday 29 NO EVENT NO EVENT MAY 24 MEMORIAL DAY
June Friday 4 SAN MARTIN PERMANENT
Saturday 5 SAN MARTIN PERMANENT
Friday 11 SAN JOSE PERMANENT
Saturday 12 SAN JOSE PERMANENT
Saturday 19 SUNNYVALE PERMANENT
Friday 25 SAN JOSE PERMANENT
Saturda}, 26 SAN JOSE PERMANENT
SUBJECT TO CHANGE
Z Z Z --
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Attachment E
1: PURPOSE
HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
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 (HHW) 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. Timing of HHW
While it is important to have special collection opportunities for disaster-related HHW
as soon as possible to avoid illegal disposal or harm to people and/or the environment,
having an event or service too soon after a disaster may result in low participation.
Sufficient public notification, assessment and monitoring of the disaster and cleanup
process by the City HHW Coordinators is essential.
3. Public Information/Notification:
Cities should be prepared to provide the public with information related to the problems
associated with HHW along with information about special collection events and
services. Upon the decision to hold an emergency collection event, it is the City's
responsibility to prepare and deliver the necessary public outreach to notify the public
of an upcoming event. A City's public outreach program should evaluate all forms of
media including: newspaper ads, posters, flyers, press releases, banners, door -to-door
notices, roadside signs, signs on dumpsters, radio public service announcements, 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 AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM )-
5. Collection Events
Temporary collection events can be set-up at various sites including parking lots, city
maintenance yards, neighborhoods needing service, and at landfills or a centralized location to
service larger segments of the population. Waste collected can be transported with the HHW
Program's hazardous waste transportation vehicle. In additional, events can be scheduled at the
two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF). The
following options are available to each participating City.
Neighborhood Drop-offEvents: The County is able to provide localized service to specific
areas in need of household hazardous waste collection services. The County will work with
City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area.
After a specific event, waste will be transported by County staff or a hazardous waste
contractor to an appropriate facility.
Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event
(Events) at various sites located in Santa Clara County throughout the year. Events will be
expanded to give priority to disaster victims when requested by the City. The County shall
obtain all necessary permits and licenses required for the events and shall provide and/or
contract for the services of properly trained personnel and hazardous waste haulers. The
County shall also provide or secure suitable equipment and supplies to properly receive,
package, label, haul, recycle and dispose of the household hazardous wastes collected at
events.
CoHHWCF: The County operates two permitted HHW collection facilities for the collection
and storage of HHW. The County shall provide or contract for services, equipment, and
supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at
the BOP Centers.
The CoHHWCF are located at:
· Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale
· Tenth Street Center, 1600 lOth Street, San Jose
· San Martin, 13055 Murphy Ave, San Martin
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 FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
AGENCY AGREEMENT FOR COUN'I~'WIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 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 ~vastes 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 (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 soumes. Ifa 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 area Is declared a federal disaster, then federal funding assistance
may be available through the State OES. Funding and assistance may be available
from Federal agencies such as FEMA and the U.S. EPA.
Damage estimates: The city should provide to the State OES estimates
of damages and a "scope of work requested." It is recommended that the local HHW
coordinator meet ahead of time with local emergency agencies or State OES contacts
regarding the proper procedures and ~vording of requests for assistance.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION 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 Management Disaster Plan:
Guidance for local government on disaster debris management, January 1997.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE 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
Antone Pacheco
Director
408-918-1958
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)
CHEMTREC Emergency number, (800) 424-9300
Non-emergency (800) 262-8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The
Center was developed as a resource for obtaining immediate emergency response information to
mitigate accidental chemical releases, and as a means for emergency responders to obtain
technical assistance from chemical industry product safety specialists, emergency response
coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents
involving chemicals.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5
FIRST AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
This is the First Amendment to the "Agency Agreement for Countywide Household
Hazardous Waste Collection Program," (AC~REEMENT) by and between the
participating jurisdiction (CITY/TOWN) and the County of Santa Clara, (COUNTY),
which was effective on July 1, 2003.
The COUNTY and the CITY agree that:
Section 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in
full as set forth in Exhibit A, attached hereto and incorporated by reference herein.
The following attachment of said AGREEMIENT is amended in full as shown in the
attachment hereto and incorporated by reference herein.
Attachment C. HHW Schedule for Fiscal Year 2004/2005
Except as amended herein, all terms and a~nditions of said AGREEMENT shall
remain in full force and effect.
The effective date of this Amendment is July 1, 2004.
IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized
representatives, have entered into this First Amendment to the AGREEMENT on the
date shown below:
COUNTY OF SANTA CLARA
Signature:
Ben Gale
Director of Department of Environmental
Health
~ ~ ~- J~
Date: ~ ~~ / ~
1~'
CITY/TOWN OF Cupertino
Signature:
Name:
Title: i~.r/D i~-
Date: cS~-/1~-D
APPROVED AS TO FORM AND LEGALITY
Kathy Kretchmer
Deputy County Counsel
Date: `-~ 0
EXHIBIT A
17. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY may elect to augment funding provided for in this Agreement with CITY funds.
Additional services shall be made available upon written agreement between the CITY's
authorized representative and the Director of the Department of Environmental Health.
Additional services may include, but are not limited to, additional appointments (charged
at the variable cost per car rate), Door-to-Door HHW Collection and Used Oil Filter
Collection.
CITY agrees to augment up to an additional $~p to the Countywide HHW
Program during Fiscal Year 2005 for the purpose of increased resident participation
above the 3% service level. Augmentation will be calculated at the variable cost per car
rate which is estimated at $60.00 per car. Fiscal Year 2006 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 prepared by the COUNTY and issued to the CITY. 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 within 30 days following receipt of the annual cost
statement. If any credit is owed to the CITY, COUNTY will refund that amount to the
CITY within 30 days of the annual cost statement.
Attachment C HHW Schedule for Fiscal Year 2004/2005
HHW SCHEDULE FOR FISCAL YEAR 2004/2005
2004/Month Day Date Location ype o vent County Holidays/ Notes
Jul Friday 2 NO EVENT NO EVENT FOURTH OF JULY
Saturday 3 NO EVENT NO EVENT FOURTH OF JULY
Frida 9 SAN JOSE PERMANENT
Saturda 10 SAN JOSE PERMANENT
Saturda 17 SUNNYVALE PERMANENT
Frida 23 SAN JOSE PERMANENT
Saturda 24 SAN JOSE PERMANENT
Friday 31 NO EVENT NO EVENT
Saturday 1 NO EVENT NO EVENT
August Friday 6 SAN MARTIN PERMANENT
Saturda 7 SAN MARTIN PERMANENT
Frida 13 SAN JOSE PERMANENT
Saturda 14 SAN JOSE PERMANENT
Saturda 21 SUNNYVALE PERMANENT
Saturday 28 CUPERTINO TEMPORARY
September Friday 3 NO EVENT NO EVENT LABOR DAY
Saturday 4 NO EVENT NO EVENT
Frida 10 SAN JOSE PERMANENT
Saturda 11 SAN JOSE PERMANENT
Saturda 18 SUNNYVALE PERMANENT
Saturday 25 SANTA CLAfi'A TEMPORARY
October Friday 1 SAN MARTIN PERMANENT
Saturda 2 SAN MARTIN PERMANENT
Frida 8 SAN JOSE PERMANENT
Saturda 9 SAN JOSE PERMANENT
Saturda 16 SUNNYVALE PERMANENT
Saturda 23 WEST VALLEY TEMPORARY
Frida 29 SAN JOSE PERMANENT
Saturday 30 SAN JOSE PERMANENT
November Friday 5 SAN MARTIN PERMANENT
Saturda 6 SAN MARTIN PERMANENT
Frida 12 SAN JOSE PERMANENT
Saturda 13 SAN JOSE PERMANENT
Saturda 20 SUNNYVALE PERMANENT
Saturday 27 NO EVENT NO EVENT 25 & 26 THANKSGIVING
December Friday 3 SAN MARTIN PERMANENT
Saturda 4 SAN MARTIN PERMANENT
Frida 10 SAN JOSE PERMANENT
Saturda 11 SAN JOSE PERMANENT
Saturday 18 NO EVENT NO EVENT
Saturday 25 NO EVENT NO EVENT DEC 25 CHRISTMAS
2005/Jan Friday 31 NO EVENT NO EVENT
Saturday 1 NO EVENT NO EVENT JAN 1 NEW YEARS
Frida 7 SAN JOSE PERMANENT
Saturda 8 SAN JOSE PERMANENT
Saturda 15 SUNNYVALE PERMANENT
Frida 21 SAN JOSE PERMANENT
Saturda 22 SAN JOSE PERMANENT
Friday 28 NO EVENT NO EVENT
Saturday 29 NO EVENT NO EVENT
Attachment C HHW Schedule for Fiscal Year 2004/2005
HHW SCHEDULE FOR FISCAL YEAR 2004/2005-continued
2004/Month Day Date Location Type of Event County Holidays/ Notes
February Friday 4 SAN MARTIN PERMANENT
Saturda 5 SAN MARTIN PERMANENT
Frida 11 SAN JOSE PERMANENT
Saturda 12 SAN JOSE PERMANENT
Saturda 19 SUNNYVALE PERMANENT
Frida 25 SAN JOSE PERMANENT
Saturda 26 SAN JOSE PERMANENT
March Friday 4 SAN MARTIN PERMANENT
Saturday 5 SAN MARTIN PERMANENT
Friday 11 SAN JOSE PERMANENT
Saturda 12 SAN JOSE PERMANENT
Saturday 19 SUNNYVALE PERMANENT MOUNTAIN VIEW
Saturday 26 NO EVENT NO EVENT
April Friday 1 SAN MARTIN PERMANENT
Saturday 2 SAN MARTIN PERMANENT
Friday 8 SAN JOSE PERMANENT
Saturday 9 SAN JOSE PERMANENT
Saturda 16 SUNNYVALE PERMANENT
Saturda 23 SANTA CLARA TEMPORARY
Saturday 30 LOS ALTOS TEMPORARY
May Friday 6 SAN MARTIN PERMANENT
Saturday 7 SAN MARTIN PERMANENT
Frida 13 SAN JOSE PERMANENT
Saturda 14 SAN JOSE PERMANENT
Saturda 21 SUNNYVALE PERMANENT
Saturday 28 NO EVENT NO EVENT MAY 30 MEMORIAL DAY
June Friday 6 SAN MARTIN PERMANENT
Saturday 7 SAN MARTIN PERMANENT
Frida 13 SAN JOSE PERMANENT
Saturda 14 SAN JOSE PERMANENT
Saturda 21 SUNNYVALE PERMANENT
Saturda 28 MILPITAS TEMPORARY
'SUBJECT TO CHANGE
SECOND AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
This is the Second Amendment to the "Agency Agreement for Countywide
Household Hazardous Waste Collection Program," (AGREEMENT) by and between
the City of Cupertino (CITY) and the County of Santa Clara, (COUNTY), which was
effective on July 1, 2003 and previously amended effective July 1, 2004.
The COUNTY and the CITY agree that:
1. Section 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT is
amended in full as set forth in Exhibit A, attached hereto and
incorporated by reference herein,
2. The following attachment of said AGREEMENT is amended in full as
shown in the attachment hereto ~-nd incorporated by reference herein.
Attachment C. HHW Schedule for Fiscal Year 2005/2006
Except as amended herein, all terms and conditions of said AGREEMENT shall
remain in full force and effect.
The effective date of this Amendment is Jule 1, 2005.
IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized
representatives, have entered into this Secc-nd Amendment to the AGREEMENT on
the date shown below:
COUNTY OF SANTA CLARA
Signature:
/~,~,~o~-~-
Ben Gale
Director of Department of Environmental
Health
Date: ~ ~
APPROVED AS TO ORM AND LEGALITY
athy Kr mer
Deputy County Counsel
Date: "3 -1 S ~D~
CITY OF CUPERTINO
Sign
Name: /CL~YIGK cs. ~~~
Title: ~Qy~1/
Date: /~ DS
EXHIBIT A
17. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY may elect to augment funding provided for in this Agreement with CITY funds.
Additional services shall be made available upon written agreement between the CITY's
authorized representative and the Director of the Department of Environmental Health.
Additional services may include, but are not limited to, additional appointments (charged
at the variable cost per car rate), Door-to-Door HHW Collection and Used Oil Filter
Collection.
CITY agrees to augment up to an additional $ 32, 000 to the Countywide HHW
Program during Fiscal Year 2006 for the purpose of increased resident participation
above the 3% service level. Augmentation will be calculated at the variable cost per car
rate which is estimated at $60.00 per car. Fiscal Year 2007 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 prepared by the COUNTY and issued to the CITY. 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 within 30 days following receipt of the annual cost
statement. If any credit is owed to the CITY, COUNTY will refund that amount to the
CITY within 30 days of the annual cost statement.
Attachment C
HHW SCHEDULE FOFi: FISCAL YEAR 2005/2006
2005/Month Day Date Location ype o ven County Holidays/ Notes
July Saturda 2 NO EVENT NO EVENT FOURTH OF JULY
Frida 8 SAN JOSE PERMANENT
Saturda 9 SAN JOSE PERMANENT
Saturda 16 SUNNYVALE PERMANENT
Saturda 23 NO EVENT NO EVENT
Frida 29 SAN JOSE PERMANENT
Saturda 30 SAN JOSE PERMANENT
August Friday 5 SAN MARTIN PERMANENT
Saturda 6 SAN MARTIN PERMANENT
Frida 12 SAN JOSE PERMANENT
Saturda 13 SAN JOSE PERMANENT
Saturda 20 SUNNYVALE PERMANENT
Saturday 27 CUPERTINO TEMPORARY
September Saturday 3 NO EVENT NO EVENT SEPT 5/LABOR DAY
Frida 9 SAN JOSE PERMANENT
Saturda 10 SAN JOSE PERMANENT
Saturda 17 SUNNYVALE PERMANENT
Saturday 24 SANTA CLAR.A TEMPORARY
October Friday 30 SAN MARTIN PERMANENT
Saturda 1 SAN MARTIN PERMANENT
Frida 7 SAN JOSE PERMANENT
Saturda 8 SAN JOSE PERMANENT
Saturda 15 SUNNYVALE PERMANENT
Saturda 22 WEST VALLEY TEMPORARY
Frida 28 SAN JOSE PERMANENT
Saturday 29 SAN JOSE PERMANENT
November Friday 4 SAN JOSE PERMANENT
Saturda 5 SAN JOSE PERMANENT
Saturday 12 NO EVENT NO EVENT NOV 11NETERANS DAY
Saturda 19 SUNNYVALE PERMANENT
Saturday 26 NO EVENT NO EVENT 24 & 25ITHANKSGIVING
December Friday 2 SAN MARTIN PERMANENT
Saturda 3 SAN MARTIN PERMANENT
Frida 9 SAN JOSE PERMANENT
Saturda 10 SAN JOSE PERMANENT
Frida 16 SAN JOSE PERMANENT
Saturda 17 SAN JOSE PERMANENT
Saturday 24 NO EVENT NO EVENT DEC 25/CHRISTMAS
Saturday 31 NO EVENT NO EVENT JAN 1/NEW YEARS
2006/Jan Friday 6 SAN MARTIN PERMANENT
Saturday 7 SAN MARTIN PERMANENT
Frida 13 SAN JOSE PERMANENT
Saturda 14 SAN JOSE PERMANENT
Saturda 21 SUNNYVALE PERMANENT
Saturday 28 NO EVENT NO EVENT
Attachment C
HHW SCHEDULE FOR FISCAL YEAR 2005/2006-continued
2006/Month Day Date Location Type of Event County Holidays/ Notes
February Friday 3 SAN MARTIN PERMANENT
Saturda 4 SAN MARTIN PERMANENT
Frida 10 SAN JOSE PERMANENT
Saturda 11 SAN JOSE PERMANENT
Saturda 18 SUNNYVALE PERMANENT
Frida 24 SAN JOSE PERMANENT
Saturda 25 SAN JOSE PERMANENT
March Frida 3 SAN MARTIN PERMANENT
Saturday 4 SAN MARTIN PERMANENT
Friday 10 SAN JOSE PERMANENT
Saturda 11 SAN JOSE PERMANENT
Saturday 18 SUNNYVALE PERMANENT MOUNTAIN VIEW
Friday 24 SAN JOSE PERMANENT
Saturday 25 SAN JOSE PERMANENT
April Friday 31 SAN MARTIN PERMANENT
Saturda 1 SAN MARTIN PERMANENT
Frida 7 SAN JOSE PERMANENT
Saturday 8 SAN JOSE PERMANENT
Saturda 15 SUNNYVALE PERMANENT
Saturda 22 SANTA CLARA TEMPORARY
Saturday 29 LOS ALTOS TEMPORARY
May Friday 5 SAN MARTIN PERMANENT
Saturday 6 SAN MARTIN PERMANENT
Frida 12 SAN JOSE PERMANENT
Saturda 13 SAN JOSE PERMANENT
Saturda 20 SUNNYVALE PERMANENT
Saturday 2T NO EVENT NO EVENT MAY 29/MEMORIAL DAY
June Frida 2 SAN MARTIN PERMANENT
Saturday 3 SAN MARTIN PERMANENT
Frida 9 SAN JOSE PERMANENT
Saturda 10 SAN JOSE PERMANENT
Saturda 17 SUNNYVALE PERMANENT
Saturda 24 MILPITAS TEMPORARY
*SUBJECT TO CHANGE 3l3lzuu5