11-069 Agreement for Countywide Household Hazardous Waste Collection Program RESOLUTION NO. 11 -069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF THE AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR FY 11 -12
WHEREAS, there has been presented '':o the City Council a new "Agreement For
Countywide Household Hazardous Waste Co °Llection Program ", between the County of
Santa Clara and the City of Cupertino; and
WHEREAS, the Agreement will provide for continued city participation in the
household hazardous waste collection program for fiscal year 2011 -2012; and
WHEREAS, the provisions of the 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 "The Agreement for Countywide Household Hazardous
Waste Collection Program for FY 11 -12" 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 3rd day of May, 2011, by the following vote:
Vote Members of the City Council THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS ATRUE AND CORRECT COPY
AYES: Wong, Santoro, Chang, Mahoney, Wang OF THE ORIGINAL ON FILE IN THIS OFFICE
NOES: None ATTEST MAY I 1 , 201L
ABSENT: None CITY C RK OF THE CITY OF UPERTINO
ABSTAIN: None BY , \
CITY CLERK / )1,G
ATTEST: APPROVED:
City Clerk ( Mayor, City of Cupertino
AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement is made by and between the CA4 o 4- C, .-h Ko (CITY) and the
County of Santa Clara (COUNTY) on the 15r day of J vt i 2011.
RECITALS
WHEREAS, the County Board of Supervisors has approved a Countywide
Household Hazardous Waste Collection Program whereby residents of the County
and participating jurisdictions will have an opportunity to safely dispose of household
hazardous wastes, regardless of the specific location at which the collection has been
scheduled; and
WHEREAS, 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, common household products
such as household cleaning products, spot remover, furniture polish, solvents, oven
cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury
thermostats, fluorescent lamps containing mercury, household batteries, and
electronic waste. Residents of the CITY listed above will be eligible to bring
household hazardous wastes to any household hazardous waste collection event or
facility where these wastes will be accepted for proper disposal as described below;
and
WHEREAS, the County Board of Supervisors approved on February 7, 2006
to modify the Countywide Household Hazardous Waste Program to include the
collection and management of electronic waste (e- waste) which includes, but not
limited to, radios, televisions, computers, printers, monitors, photocopying machines,
fax machines, oscilloscopes, computing accessories; and
WHEREAS, the participating jurisclictions desire to schedule Household
Hazardous Waste Collection Events (Event s) for residents for FY 2012; and
WHEREAS, the participating jurisclictions desire to provide household
hazardous waste collection services to a minimum of 4% of the households per fiscal
year in each participating jurisdiction; and
WHEREAS, the County Board of Supervisors has approved a Countywide
AB939 Household Hazardous Waste Fee (AB939 HHW Fee), as authorized by Public
Resources Code 41901, to be collected at $2.60 in FY 2012 on each ton of waste
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
landfilled or incinerated within the county, received at any non - disposal or collection
facility located within the county and subsequently transported for disposal or
incineration outside of the county, collected from any location within the county by a
solid waste hauler operating pursuant to a franchise, contract, license, or permit
issued by any local jurisdiction and subsequently transported for disposal or
incineration outside of the county, or removed from any location in the county by any
person or business for disposal or incineration outside the county.
NOW, THEREFORE, CITY and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which CITY
will participate in the Countywide Household Hazardous Waste Collection Program
(CoHHW Program) available to its residents. Participating jurisdictions are those
jurisdictions that enter into 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 AB939 HHW Fee, $2.60 per ton in FY
2012, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE will be the primary source of funding for
CoHHW Program services.
Funds derived from the AB939 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 California
Department of Finance, Demographic Research Unit from their most Report,
"Population Estimates for California Cities and Counties."
B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned
at nonprofit charitable reuse organizations. The existing fund balance of
approximately $110,000 from previous years will fund Abandoned Waste
Disposal Costs for FY 2012.
C. Variable Cost Per Car to provide a base level service to 4% of households in all
participating jurisdictions. The number of households is determined by the most
recent "Population Estimates for California Cities and Counties" Report as
published by the California Department of Finance, Demographic Research Unit.
D. Available Discretionary Funding funded on tonnage generated per participating
jurisdiction.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2
The projected Fiscal Year 2012 AB939 HHW Fee funding allocation by jurisdiction
is set out in Attachment A, attached hereto and incorporated herein.
3. FIXED PROGRAM COST
Fixed Program Costs shall be $1.85 for FY 2012. Estimated HHW Fixed Costs for
FY 2012 are projected in Attachment B, attached hereto and incorporated herein.
Fixed Program Costs may include, but are not limited to eight (8) CoHHW Program
staff members, facility leasing costs, vehicle lease costs, office rent, office supplies,
county administrative overhead, county legal counsel, training costs, equipment and
facility maintenance and union negotiated salary and benefit increases.
4. ABANDONED WASTE DISPOSAL COST
The existing unexpended non - profit abandoned waste fund balance of approximately
$110,000, will fund disposal of HHW illegally abandoned at nonprofit charitable
reuser organizations as defined in Public Resources Code Section 41904.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County Household
Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The
Variable Cost Per Car is estimated to be approximately $67 per car for Fiscal Year
2012. The estimated cost per car will be adjusted to reflect actual service costs. After
Fixed Program Costs are allocated on a per household basis, the Variable Cost Per
Car will be used to calculate the costs to service 4% of households across all
participating jurisdictions. If the level of 4% of households is not reached in a
particular jurisdiction, the CoHHW Program will use the remaining balance of funds,
in cooperation with the CITY that has less than 4% participation levels, to increase
public outreach and/or provide additional services in that jurisdiction the following
year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion of the AB939 HHW Fee will be
allocated based on the tons of waste generated within each jurisdiction, and after
allocation of Fixed Program Costs and Variable Per Car Costs. Available
Discretionary Funds will be paid as directed by each jurisdiction. Available
Discretionary Funds must be used for HHW purposes. Options for how to spend
these funds include, but are not limited to, increasing the number of residents served
in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil
collection, electronic waste (e- waste) collection, universal waste collection,
emergency HHW services, funding HHW public education, the support of capital
infrastructure projects to accommodate HHW drop -off and collection events, or
providing special programs such as door -to -door collection of HHW for the elderly
and/or persons with disabilities and neighborhood clean -up events.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 3
7. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The Santa Clara County Integrated Waste Management Program (IWMP) will
administer the AB939 HHW Fee, as part of the existing landfill billing system.
Administration and payment will be made in accordance with the AGENCY
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE.
Notwithstanding the foregoing, the COUNTY shall maintain records of the amount,
use, and distribution of Fixed Program Cost expenditures for at least five (5) years
after the termination date of this Agreement, unless otherwise required by law to
retain such records for a longer period. CITY may request in writing a review by
COUNTY of the Fixed Program Cost records. The review shall be performed within
30 days of request and results shall be reported to participating cities in writing.
8. PROGRAM PUBLICITY
The CoHHW Program shall have available to the public a HHW brochure for
distribution. The brochure will be made available at various events, including but not
limited to, environmental events, community fairs. The brochure will also be
distributed, upon request, to cities within the County and to County residents and
businesses. The CITY shall be responsible for developing and coordinating citywide
awareness of the HHW Program. The CoI-HW Program shall be responsible for
Countywide public education for used oil recycling. CoHHW Program public
awareness responsibilities shall include, but not be limited to, the following activities:
• Serving as the formal contact to the local media such as local newspapers
and television news stations;
• Providing participating jurisdictions with educational materials developed
for the CoffHW Program;
• Promoting oil and oil filter recycling by developing, purchasing, and
distributing educational materials, media relations materials, basic art
work and camera ready advertising materials for distribution countywide
and for use by jurisdictions;
• Representing the program through educational presentations at schools
and businesses and attendance at community events such as local fairs and
festivals; and,
• Providing participating jurisdictions opportunities to review and comment
on the development of countywide outreach materials.
CITY's public awareness responsibilities, at the sole discretion of the CITY, shall
include, but not be limited to, the following activities:
• Providing a copy of HHW promotional materials to the CoHHW Program
for review for accuracy and completeness, prior to publication;
• Developing and distributing communications to residents for local and city
newsletters, newspapers and to the electronic media;
• Providing the CoHHW Program with a copy of locally produced
materials; and,
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 4
• Conducting and supporting outreach and publicity to attain the 4% goal of
household participation.
9. DELEGATION OF AUTHORITY
The Board of Supervisors delegates all CoHHW Program management to the
Department of Agriculture and Environmental Management. The Director of the
Department of Agriculture and Environmental Management has the authority to
execute all vendor contracts necessary to operate the program, to execute any
necessary license agreements, to add additional HHW services provided on a cost
recovery basis, to amend any contracts or agreements, and to terminate any contracts
or agreements. All contracts, agreements, and amendments shall first be approved by
County Counsel as to form and legality and. the Office of the County Executive.
10. TEMPORARY HHW EVENTS
COUNTY shall conduct HHW Events at various sites located in Santa Clara County.
COUNTY shall obtain all necessary permits and licenses required for the Temporary
HHW Events and shall provide or contract for the services of properly trained,
qualified personnel and hazardous waste haulers, and shall provide or secure suitable
equipment and supplies to properly receive, package, label, haul, recycle and dispose
of the household hazardous wastes collected at the Temporary HHW Events.
11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at the following two County Household
Hazardous Waste Collection Facilities ( CoHHWCF): Sunnyvale Recycling Center,
164 Carl Road, Sunnyvale, and 13055 Murphy Avenue, San Martin.
The CoHHWCF will operate a reuse program, offering usable materials to the public
at no charge. The COUNTY shall obtain all necessary permits and licenses required
for the CoHHWCF and shall provide or contract for services, equipment, and supplies
to properly receive, package, label, haul, recycle and dispose of wastes collected.
12. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM
COUNTY will provide services to accept hazardous waste from Conditionally
Exempt Small Quantity Generators (CESQG). A CESQG is defined by federal
regulation as a business that generates less than 100 Kilograms (220 lbs.) of
hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month.
Eligible businesses within the County will be allowed to bring their hazardous waste
to CoHHWCF. This program will not be subsidized by participating jurisdictions.
Services to businesses will be provided on a cost recovery basis, which will include
program administration, on -site collection, transportation, and disposal costs.
COUNTY will assume responsibility for collecting fees from participating
businesses. The fees collected by the COL NTY are established in Attachment D,
Santa Clara County CESQG Drop -off Price List. The COUNTY retains the
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5
discretion to change the Santa Clara County CESQG Drop -off Price List at any time
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 HHW left at a
property by an unknown party. Abandoned household hazardous waste does not
include waste generated by a known organization or agency in the course of normal
business operations such as, but not limited to, the assembly or manufacture of
products from new or used materials or the provision of charitable services such as
classroom education, meal preparation, and shelter, or the provision of services for a
fee. Government agencies shall 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 as established in Public Resources Code
Section 41904, 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 than 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 COUNTY 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 existing unexpended
abandoned waste fund. 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, 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 additional costs shall be applied to the budget of a participating
jurisdiction.
15. HOUSEHOLD HAZARDOUS WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to materials as defined in
Health and Safety Code Section 25218.1(e), as amended from time to time, 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, mercury
thermostats, fluorescent lamps containing mercury, household batteries, e-waste and
other common hazardous consumer products.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
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 of
this Agreement shall be accepted.
17. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY may elect to augment funding provided for in this Agreement with CITY funds.
Additional services shall be made available upon written agreement between the
CITY's authorized representative and the Director of the Department of Agriculture
and Environmental Management. Additional services may include, but are not
limited to, additional appointments (charged at the variable cost per car rate), door -to-
door HHW collection, used oil filter collection, universal waste collection, electronic
waste collection, and abandoned waste collection.
CITY agrees to augment up to an additional $ 600 to the Countywide HHW
Program during Fiscal Year 2012 for the purpose of increased resident participation
above the 4% service level at the scheduled collection dates listed in Attachment C,
attached hereto and incorporated herein. Augmentation will be calculated at the
Variable Cost Per Car rate which is estimated at $67.00 per car. Other services will
be charged based on a cost recovery basis. CITY authorizes the COUNTY to use
CITY'S Available Discretionary Funding portion of the AB939 HHW Fee, if
available, to pay for the above agreed additional augmentation amount.
At the end of each fiscal year, a final annual cost statement shall be prepared by
COUNTY and issued to CITY by November 30th. The annual cost statement will
take into consideration costs incurred on behalf of CITY for additional services and
all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it
will be due within 30 days following receipt of the annual cost statement. If any
credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days
following delivery of the annual cost statement.
18. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday
through Friday, from the hours of 8:30 a.m. to 4:30 p.m. The information service will
register residents for the Temporary HHW Events and the collections at CoHHWCF.
The information service will provide information about hazardous household
materials. CITY will be notified immediately when indicated resident participation
approaches the 4% base level of service.
19. SCHEDULING AND SITE SELECTION
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 7
COUNTY shall work with CITY to determine the date(s) of Temporary Events and
collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and
securing sites for Temporary HHW Events. It is recognized that some of the
jurisdictions participating in the CoHHW Program may not have appropriate sites
available. A proposed HHW schedule for Fiscal Year 2012 of Temporary Events and
collections at CoHHWCF is included as Attachment C. COUNTY will schedule an
adequate number of collection days to serve the 4% level of service in each
participating jurisdiction. The COUNTY determines the adequate number of
collection days by tracking attendance at each event.
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. ELECTRONIC WASTE COLLECTION
The CoHHW Program will accept electronic waste (e- waste) from residents and
businesses throughout the county. A contractor has been selected to perform services
and shall reimburse the County Pursuant to the Electronic Waste Recycling Act of
2003 (California State Senate Bill 20) and the Electronic Waste Recycling Act
Amendments of 2004 (California State Senate Bill 50), contractor shall remit to
COUNTY, recycling and disposal reimbursements for the electronic equipment
designated under this Act that are collected by contractor on behalf of the COUNTY.
Any and all revenues generated by this service will be applied to lowering the
Variable Cost Per Car for all cities and COUNTY.
22. REGIONAL GRANT PARTICIPATION
The CoHHW Program is hereby given permission by all participating jurisdictions to
apply for future grants from the California Department of Resources Recycling and
Recovery (CalRecycle). The CoHHW Program will act on behalf of all participating
jurisdictions, as the lead applicant and grant administrator. The CoHHW Program
will oversee how the moneys are used and work in cooperation with CITY as to how
the funds will be spent. Nothing in this section shall preclude a participating
jurisdiction from applying for grant funds in any case where the CoHHW Program
does not apply.
23. 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 sets out CITY and COUNTY responsibilities for the collection of
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 8
household hazardous wastes in response to an emergency. CITY shall make good
faith efforts to provide the public with information related to the problems associated
with HHW. Upon the decision to hold an emergency collection event, it is CITY's
responsibility to make a good faith effort to prepare and disseminate the necessary
outreach to notify the public of an emergency collection event. An emergency
collection event shall be initiated by a written request from CITY to COUNTY.
Emergency collection events can be scheduled in as little as ten (10) working days of
CITY's written request or at an agreed upon date thereafter. The emergency
collection plan is set out in Attachment E, Household Hazardous Waste Emergency
Collection Plan.
COUNTY agrees to conduct the event at a mutually agreeable site and time. The
COUNTY will obtain the necessary permit from the State Department of Toxic
Substances Control and will handle wastes in accordance with State law. COUNTY
will bill CITY for all emergency events on a cost recovery basis and all payments
shall be due COUNTY within thirty days following the receipt of the invoice.
24. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW
Collection Events for corporate employees and residents of participating jurisdictions
and to pay for special programs such as Universal Waste collection at retail locations.
The transportation, treatment and disposal liability for nonresident employee
participation in these events shall be shared by all participating jurisdictions and the
COUNTY, as described in Section 28 of this Agreement. Summary information
concerning these corporate sponsored events will be included in the CoHHW
Program's annual report to the participating jurisdictions.
25. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal
services shall have the required insurance a outlined in Attachment F, Exhibit B -2D
(revised) Insurance Requirements for Environmental Services Contract. Other
contractors shall have insurance in amounts to be determined by COUNTY Insurance
Manager, after consultation with CITY. COUNTY shall obtain insurance certificates
from each of the contractors prior to the contractor providing service to the program
naming the COUNTY as an additional insured.
26. WASTE TRACKING AND REPORTING
COUNTY will provide a mid -year report to CITY regarding participation rates from
each participating jurisdiction by March 15, 2012. Mid -year and year end reports will
outline the types and quantities of waste collected, the amount of waste diverted for
reuse or recycling and the waste management method for each waste stream and
associated costs for services. COUNTY will prepare a report summarizing program
activities which will be delivered to the participating jurisdictions no later than six
months after the end of COUNTY's fiscal year.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 9
It will be assumed for cost and reporting purposes that each participating jurisdiction
is contributing to the waste stream in proportion to the number of its residents who
directly participate.
COUNTY shall take steps to assure that the bi- annual statements to jurisdictions
reflect the funds necessary to cover costs for CITY participation in services scheduled
during the next quarter. COUNTY will make every effort to keep the Variable Cost
Per Car at approximately $67.
27. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all
participants in the CoHHW Program.
28. 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 25 above.
CITY shall further indemnify COUNTY for CITY's apportioned share of liability
incurred and attributed to the Countywide HHW Program for the transportation,
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10
treatment or disposal of household hazardous waste at corporate sponsored events
where non - county resident employees of the corporate sponsor are authorized to
participate in the event. Liability for the nonresident portion of the disposal of waste
shall be shared by the cities and the county as described above. The nonresident
portion shall be determined by calculating the percentage of nonresidents
participating in the event. This percentage will then be subtracted from the total
liability for the household hazardous waste prior to assessing CITY's apportioned
share of any liability for the household hazardous waste.
COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify
COUNTY for their apportioned share of any liability incurred and attributed to the
Countywide HHW Program for the transportation, treatment, or disposal of their
hazardous waste, once the waste has been accepted by a licensed hazardous waste
hauler. The CESQG and Nonprofit Charitable Reuser portion of 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.
29. TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30)
days written notice given by the terminating party.
30. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2011 to June 30, 2012, or until all
revenue from the last quarter's Fee payments has been distributed, whichever is later.
31. EXTENSION OF TERM
This Agreement may be extended for succeeding one -year term if COUNTY and
participating jurisdictions so agree in writing.
32. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an
independent contractor and not as an officer, agent, servant or employee of any of the
parties hereto. Each party shall be solely responsible for the acts and omissions of its
officers, agents, employee, contractors and subcontractors, if any. Nothing herein
shall be considered as creating a partnership or joint venture between the parties.
33. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall
for all purposes be deemed an original and all of which shall together constitute one
and the same instrument.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 11
34. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
35. 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.
36. NOTICES
All notices and communications herein required shall be in writing to the other party
as follows, unless expressly changed in writing:
CITY of (Wert' (to City Representative C, r"( Donne(
Representative's Title f- e,n } 1 j o �'i+r�t S lAct cree -r
City Address I (Y5 0 v Tom fF Vin e
CI7erty CA- ` 5c :1 `f
Santa Clara County Director
Department of Agriculture and Environmental Management
1553 Berger Drive
San Jose, CA 95112
Attachments:
A Projected FY 2012 AB939 HHW Fee Funding Allocation by Jurisdiction
B Estimated HHW Program Fixed Costs for FY 2012
C HHW Schedule of Collection Events for FY 2012
D Santa Clara County CESQG Drop -off Price List
E Household Hazardous Waste Emergency Collection Plan
F Exhibit B -2D (revised) Insurance Requirements for Environmental Services
Contracts
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 12
IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM on the dates as stated below:
"COUNTY" "CITY"
Signature:_, CITY OF e -eke ,
,_____ --- ; ' C t A m c 1 o p t , i� -‘-w—
B
Kevin O'Day Title: {itc a
Director of the Department of Agriculture and
Environmental Management
Date: _S 'i `I - (f Date: 6. 1- . 11
App �} veil a to form:
X.9✓ : 2N
City Attorney
APPROVED AS TO FORM AND LEGALITY: APPROVED BY THE OFFICE OF
-1- • i IUTIVE
L // / 4/(.4..,/" - :3 -- - --1 , ._� ► 1
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Mark Bernal s / allego. f
Deputy County Counsel D - puty Co 1 - - Exec J t 'e
Date: e ° / C / r 7 -6 7 if Date: CJ cr // — � 4) .
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 13
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ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2012
2011 /Month Day Date Location Type of Event County Holidays/ Notes
July Saturday ` 2 No Event No Event FOURTH OF JULY
8 San Martin Permanent
Saturday 9 San Martin Permanent
Saturday 16 Sunnyvale Permanent
Saturday 23 San Jose Temporary
Saturday 30 Santa Clara Temporary
August Friday 5 San Martin Permanent
Saturday 6 San Martin Permanent
Saturday 13 San Jose Temporary
Saturday 20 Sunnyvale Permanent
Friday 26 San Martin Permanent
Saturday 27 San Martin Permanent
September Saturday 3 No Event No Event SEPT 5/LABOR DAY
Saturday 10 San Jose Temporary
Saturday 17 Sunnyvale Permanent
Saturday 24 Santa Clara Temporary
October Friday 30 San Martin Permanent
Saturday 1 San Martin Permanent
Saturday 8 No Event No Event OCT 10/COLUMBUS DAY
Saturday 15 Sunnyvale Permanent
Saturday 22 San Jose Temporary
Saturday 29 Cupertino Temporary
November Friday 4 San Martin Permanent
Saturday 5 San Martin Permanent
Saturday 12 San Jose Temporary
Saturday 19 Sunnyvale Permanent
Saturday 26 No Event No Event THANKSGIVING
December Friday 2 San Martin Permanent
Saturday 3 San Martin Permanent
Friday 9 San Martin Permanent
Saturday 10 San Martin Permanent
Saturday 17 San Jose Temporary
Saturday 24 No Event No Event CHRISTMAS
2012/Jan Saturday 31 No Event No Event NEW YEARS
Friday 6 San Martin Permanent
Saturday 7 San Martin Permanent
Saturday 14 San Jose Temporary
Saturday 21 Sunnyvale Permanent
Saturday 28 Santa Clara Temporary
16
ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2012 - continued
2012/Month Day Date Location Type of Event County Holidays/ Notes
February Friday 3 San Martin Permanent
Saturday 4 San Martin Permanent
Friday 10 San Martin Permanent
Saturday 11 San Martin Permanent
Saturday 18 Sunnyvale Permanent
Saturday 25 San Jose Temporary
March Friday 2 San Martin Permanent
Saturday 3 San Martin Permanent
Friday 9 San Martin Permanent
Saturday 10 San Martin Permanent
Saturday 17 Sunnyvale Permanent
Saturday 24 San Jose Temporary
Saturday 31 No Event No Event CESAR CHAVEZ DAY
April Friday 6 San Martin Permanent
Saturday 7 San Martin Permanent
Saturday 14 Los Altos Temporary
Saturday 21 Sunnyvale Permanent
Saturday 28 Santa Clara Temporary
May Friday 4 San Martin Permanent
Saturday 5 San Martin Permanent
Saturday 12 San Jose Temporary
Saturday 19 Sunnyvale Permanent
Saturday 26 No Event No Event MAY 28/MEMORIAL DAY
June Friday 1 San Martin Permanent
Saturday 2 San Martin Permanent
Friday 8 San Martin Permanent
Saturday 9 San Martin Permanent
Saturday 16 Sunnyvale Permanent
Saturday 23 San Jose Temporary
Saturday 30 Milpitas Temporary
*SUBJECT TO CHANGE 11/3/2010
17
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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 describes the services the County can provide and the responsibilities
of each party for the collection of household hazardous wastes (HHW) in response to an
emergency as defined by the local jurisdiction.
Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency
Services (OES), and 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
19
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 -off Events: The County is able to provide localized service to specific
areas in need of household hazardous waste collection services. The County will work with
City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected
area. After a specific event, waste will be transported by County staff or a hazardous waste
contractor to an appropriate facility.
• Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event
(Events) at various sites located in Santa Clara County throughout the year. Events will be
expanded to give priority to disaster victims when requested by the City. The County shall
obtain all necessary permits and licenses required for the events and shall provide and/or
contract for the services of properly trained personnel and hazardous waste haulers. The
County shall also provide or secure suitable equipment and supplies to properly receive,
package, label, haul, recycle and dispose of the household hazardous wastes collected at
events.
• CoHHWCF: The County operates two permitted HHW collection facilities for the collection
and storage of HHW. The County shall provide or contract for services, equipment, and
supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at
the CoHHWCF.
The CoHHWCF are located at:
• Sunnyvale Recycling Center, 164 Carl Ave, Sunnyvale
• San Martin, 13055 Murphy Ave, San Martin
6. Costs, Documentation, and Reimbursements
Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and
billed separately. Emergency funding applications pending from the State or Federal
government for reimbursements in no way relieves the City of responsibility to make timely
payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
The County agrees to provide the City with a detailed accounting of services provided
for an emergency collection. Documentation will track the time and materials of staff, outside
contractor expenses, and quantities and types of waste collected to demonstrate that the wastes
were generated above and beyond existing collection programs.
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
20
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 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 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 wording of
requests for assistance.
Funding Process: The funding process may vary depending on the unique circumstances of the
disaster. The process can either be the traditional ]FEMA reimbursement process, or by direct
assistance from 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
21
Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Department of Environmental Health
Household Hazardous Waste Program
Rob D'Arcy
Hazardous Materials Program Manager
408 - 918 -1967
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.
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
22
•
Attachment F
EXHIBIT B -2D (revised)
INSURANCE REQUIREMENTS FOR
ENVIRONMENTAL SERVICES CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.)
Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter
"County "), its officers, agents and employees from any claim, liability, loss, injury or damage
arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents,
employees or sub - contractors, excepting only loss, injury or damage caused by the sole negligence
or willful misconduct of personnel employed by the County. It is the intent of the parties to this
Agreement to provide the broadest possible coverage for the County. The Contractor shall
reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to
any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the
County under this Agreement.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and
maintain at its own expense, during the term of this Agreement, or as may be further required
herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance certifying that coverage as required herein has been obtained. Individual
endorsements executed by the insurance carrier shall accompany the certificate. In addition,
a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, unless
otherwise directed. The Contractor shall not receive a Notice to Proceed with the work
under the Agreement until it has obtained all insurance required and such insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the
liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy
holder's alphabetic and financial size category rating of not less than A- V, according to the
current Best's Key Rating Guide or a company of equal financial stability that is approved
by the County's Insurance Manager.
Rev. 4/2002 1
23
EXHIBIT B -2D (revised)
C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet
the specified County insurance requirements without 30 days' prior written notice of such
cancellation or change being delivered to the County of Santa Clara or their designated
agent.
D. Insurance Required
1. Commercial General Liability Insurance - for bodily injury (including death) and
property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products /Completed Operations aggregate - $2,000,000
d. Personal Injury - $1,000,000
2. General liability coverage shall include:
a. Premises and Operations
b. Products /Completed
c. Personal Injury liability
d. Severability of interest
3. General liability coverage shall include the following endorsement, a copy of which
shall be provided to the County:
Additional Insured Endorsement, which shall read:
"County of Santa Clara, and members of the Board of Supervisors of
the County of Santa Clara, and the officers, agents, and employees of
the County of Santa Clara, individually and collectively, as additional
insureds."
Insurance afforded by the additional insured endorsement shall apply as primary
insurance, and other insurance maintained by the County of Santa Clara, its
officers, agents, and employees shall be excess only and not contributing with
insurance provided under this policy. Public Entities may also be added to the
Rev. 4/2002 2 2 4
•
EXHIBIT B-2D (revised)
additional insured endorsement as applicable and the contractor shall be notified by
the contracting department of these requirements.
4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned. non -owned and hired vehicles. Coverage shall
include Environmental Impairment Liability Endorsement MCS90 for contracts
requiring the transportation of hazardous materials /wastes.
4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents
or subcontractors will operate aircraft or watercraft in the scope of the Agreement)
For bodily injury (including death) and property damage which provides total limits
of not less than one million dollars ($1,000,000) combined single limit per
occurrence applicable to all owned, non -owned and hired aircraft/watercraft.
5. Workers' Compensation and Employer's Liability Insurance
a. Statutory California Workers' Compensation coverage including broad form
all- states coverage.
b. Employer's Liability coverage for not less than one million dollars
($1,000,000) per occurrence.
6. Contractors Pollution Liability Insurance or Pollution Errors and Omissions
Liability Insurance
Coverage shall provide a minimum of not less than five million dollars
($5,000,000) per occurrence and aggregate for bodily injury, personal injury,
property damage and cleanup costs both on and offsite.
7. Professional Errors and Omissions Liability Insurance (required for contractors
providing professional services, such as through a professional engineer, registered
geologist, etc.)
a. Coverage shall be in an amount of not less than one million dollars
($1,000,000) per occurrence aggregate.
b. If coverage contains a deductible or self - retention, it shall not be greater than
fifty thousand dollars ($50,000) per occurrence /event.
Rev. 4/2002 3 2 5
EXHIBIT B -2D (revised)
c. Coverage as required herein shall be maintained for a minimum of two years
following termination or completion of this Agreement.
8. Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall
clearly state so. In addition to coverage requirements above, such policy shall
provide that:
a. Policy retroactive date coincides with or precedes the Consultant's start of
work (including subsequent policies purchased as renewals or replacements).
b. Policy allows for reporting of circumstances or incidents that might give rise
to future claims.
E. Special Provisions
The following provisions shall apply to this Agreement:
1. The foregoing requirements as to the types and limits of insurance coverage to be
maintained by the Contractor and any approval of said insurance by the County or
its insurance consultant(s) are not intended to and shall not in any manner limit or
qualify the liabilities and obligations otherwise assumed by the Contractor pursuant
to this Agreement, including but not limited to the provisions concerning
indemnification.
2. The County acknowledges that some insurance requirements contained in this
Agreement may be fulfilled by self - insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor under
this Agreement. Any self - insurance shall be approved in writing by the County
upon satisfactory evidence of financial capacity. Contractors obligation hereunder
may be satisfied in whole or in part by adequately funded self - insurance programs
or self - insurance retentions.
3. Should any of the work under this Agreement be sublet, the Contractor shall require
each of its subcontractors of any tier to carry the aforementioned coverages, or
Contractor may insure subcontractors under its own policies.
4. The County reserves the right to withhold payments to the Contractor in the event
of material noncompliance with the insurance requirements outlined above.
F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments)
Before receiving compensation under this Agreement, Contractor will furnish
County with evidence that all officials, employees, and agents handling or having
access to funds received or disbursed under this Agreement, or authorized to sign or
Rev. 4/2002 4 2 6
EXHIBIT B -2D (revised)
countersign checks, are covered by a BLANKET FIDELITY BOND in an amount
of AT LEAST fifteen percent (15 %) of the maximum financial obligation of the
County cited herein. If such bond is canceled or reduced, Contractor will notify
County immediately, and County may withhold further payment to Contractor until
proper coverage has been obtained. Failure to give such notice may be cause for
termination of this Agreement, at the option of County.
Rev. 4/2002 5 2 7