12-074 Agreement for Countywide AB939 Implementation Fee FY 2012-2015 FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
The Agreement for Countywide Household Hazardous Waste Collection Program
(AGREEMENT) by and between the City of Cupertino (CITY) and the County of
Santa Clara (COUNTY) previously entered into on July 1, 2012, is hereby
amended as set forth below, effective July 1, 2013.
The COUNTY and the CITY agree that:
1. Section 6. VARIABLE COST PER CAR is amended in full to read:
6. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor,
waste disposal, transportation and other services provided to the
residents at the County Household Hazardous Waste Collection
Facilities (CoHHWCF) and at Temporary Events. The Variable Cost
Per Car is estimated to be approximately $62 per car for Fiscal
Year 2014 and 2015. The estimated cost per car will be adjusted to
reflect actual service costs. After Fixed Program Costs are
allocated on a per household basis and the San Jose Facility Use
Surcharge is allocated on a per participant basis, the Variable Cost
Per Car will be used to calculate the costs to service 4% of
households in CITY. If the service level of 4% of households is not
reached in CITY, the CoHHWCF Program will refund to CITY the
remaining balance of funds.
2. The original Attachment A: Projected AB939 HHW Fee Funding
Allocation by Jurisdiction FY 2013, 2014, and 2015 to the
AGREEMENT shall be amended in full to read as set forth in the new
Attachment A: Projected AB 939 HHW Fee Funding Allocation by
Jurisdiction FY 2014 and FY 2015 attached hereto and incorporated
herein by this reference.
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3. Attachment C to the AGREEMENT is replaced in full by the Exhibit C
"HHW Schedule For Collection Events for Fiscal Year 2013/2014"
attached hereto and incorporated herein by this reference.
Except as provided herein, all terms and conditions of the AGREEMENT shall
remain in full force and effect.
IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized
representatives, have entered into this First Amendment to the AGREEMENT on
the last date shown below:
COUNTY OF SANTA CLARA CITY OF CUPERTINO
Signature: Signat
Oid_„7
Amy Brown Name: -041✓�t'if f'9"4
Director of Department of Agriculture and �
Environmental Management Title: L� •/•' I nA
Date: c 13i 113 Date: e fr/ 1 ?
ftpiroved aA tv �i✓r►—Cif+
APPROVED AS TO FORM AND LEGALITY APPROVED BY THE O CE
OF - 0 TY ECUTIVE
-
Mark Bernal j . legos
Deputy County Counsel Doun ' xec tive
Date: 51/4'/ZD/3 Date: C 2Z -,; f
Attachment A
ATTACHMENT A
Projected AB939 HHW Fee Funding Allocation by Jurisdiction
FY 2014 and FY 2015 v
k Anticipated
No of 4%of Disposal AB939 HHW Fee Fixed Cost$2.14 SJ Facility$11.50 Variable Cost Discretionary ==E'. :@ Anticipated Particiation at
Cities Households Households tonnage $2.60 per ton per HH use surcharge $62 per car Fund - >:3 ffi Participation SJ Facility
Campbell 16,968 678.72 27,014.44 $ 70,237.55 $ 36,311.52 $ 4,356.92 $ 42,080.64 (12,511.53) 935 379
Cupertino* 21,041 50.00 28,343.36 $ 73,692.74 $ 45,027.74 $ 575.00 $ 3,100.00 24,990.00 50 50
Gilroy 14,924 596.96 36,238.87 $ 94,221.05 $ 31,937.36 $ 197.98 $ 37,011.52 25,074.19 5� r;,. 708 17
Los Altos 11,204 448.16 12,962.61 $ 33,702.79 $ 23,976.56 $ 2,548.44 $ 27,785.92 (20,608.13n, '1,,;,:: ,,- ,,,,.Llifj 1,636 222
4
Los Altos Hills 3,002 120.08 2,583.69 $ 6,717.59 $ 6,424.28 $ 681.65 $ 7,444.96 (7,833.30) s , 347 59
Los Gatos 13,067 522.68 18,385.81 $ 47,803.11 $ 27,963.38 $ 5,430,58 $ 32,406.16 (17,997.01) 1,138 472
S
Milpitas 19,880 795.20 49,472.22 $ 128,627.78 $ 42,543.20 $ 2,502.74 $ 49,302.40 34,279.44 47. 791 218
Monte Sereno 1,287 51.48 888.47 $ 2;310 02 $ 2,75a 18 $ 844.00
1 I I $Q "01.70" 4,279.x[ �,,, �� 144 56
Morgan Hill 12,915 516.60 36,247.70 $ 94,244.03 $ 27,638.10 $ 417.69 $ 32,029.20 34,159.04 a 1,181 36
�3
Mountain View 33,945 1,357.80 47,659.69 $ 123,915.20 $ 72,642.30 $ 2,300.00 $ 84,183.60 (35,210.70) . 1,675 200
Palo Alto 28,257 0.00 37,789.66 $ 98,253.12 $
$ - $ - 98,253.12 0 0
San Jose 316,123 12,644.92 529,655.47 $ 1,377,104.23 $ 676,503.22 $ 129,713.68 $ 783,985.04 (213,097.71)!.. 16,114 11,279
Santa Clara 45,503 1,820.12 98,685.20 $ 256,581.53 $ 97,376.42 $ 3,826.81 $ 112,847.44 42,530.86 i 3,809 333
Saratoga 11,146 445.84 14,954.18 $ 38,880.86 $ 23,852.44 $ 3,358.00 $ 27,642.08 (15,971.66) 951 292
Sunnyvale 55,807 2,232.28 83,323.48 $ 216,641.04 $ 119,426.98 $ 759.57 $ 138,401.36 (41,946.87) a
5,160 66
Unincorporated 27,946 1,117.84 29,375.31 $ 76,375.80 $ 59,804.44 $ 13,651.97 $ 69,306.08 66,386.68
( ) a 1,758 1,187
Total 633,015 23,398.68 1,053,580.17 $ 2,739,308.45 $ 1,294,182.12 $ 170,965.02 _ $ 1,450,718.16 (176,556 85) 36,397 14,867
•
Cupertino participation will be based on a total of 50 cars instead of 4%of households
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EXHIBIT C
HHW SCHEDULE FOR COLLECTION EVENTS FISCAL YEAR 2013/2014
2013/Month Day Date Location Type of Event County Holidays/Notes
July Saturday 6 No Event No Event FOURTH OF JULY
Thurs,Fri,Sat 11,12,13 San Jose Permanent
Thurs,Fri,Sat 18,19,20 San Jose Permanent
Saturday 20 Sunnyvale Permanent
Thurs,Fri,Sat 25,26,27 San Jose Permanent
Saturday 27 Santa Clara Temporary
August Fri,Sat 2,3 San Martin Permanent
Thurs,Fri,Sat 1,2,3 San Jose Permanent
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Saturday 17 Sunnyvale Permanent
Thurs,Fri,Sat 22,23,24 San Jose Permanent
Thurs,Fri 29,30 San Jose Permanent
Saturday 31 No Event No Event LABOR DAY WEEKEND
September Fri,Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 5,6,7 San Jose Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Thurs,Fri,Sat 19,20,21 San Jose Permanent
Saturday 21 Sunnyvale Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
Saturday 28 Santa Clara Temporary
October Fri,Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 3,4,5 San Jose Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Thurs,Fri,Sat 17,18,19 San Jose Permanent
Saturday 19 Sunnyvale Permanent
Thurs,Fri,Sat 24,25,26 San Jose Permanent
November Fri,Sat 1,2 San Martin Permanent
Thurs,Fri,Sat 31,1,2 San Jose Permanent
Thurs,Fri,Sat 7,8,9 San Jose Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Permanent
Thurs,Fri,Sat 21,22,23 San Jose Permanent
Saturday 30 No Event No Event THANKSGIVING
December Fri,Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 5,6,7 San Jose Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Thurs,Fri,Sat 19,20,21 San Jose Permanent
Saturday 28 No Event No Event CHRISTMAS
2014/Jan Fri,Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Saturday 18 Sunnyvale Permanent
Thurs,Fri,Sat 23,24,25 San Jose Permanent
HHW SCHEDULE FOR FISCAL YEAR 2013/2014-continued
2014/Month Day Date Location Type of Event County Holidays/Notes
February Fri,Sat 31,1 San Martin Permanent
Thurs,Fri,Sat 30,31,1 San Jose Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Saturday 15 Sunnyvale Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
March Fri,Sat 28,1 San Martin Permanent
Thurs,Fri,Sat 27,28,1 San Jose Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Saturday 15 Sunnyvale Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
April Fri,Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 3,4,5 San Jose Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Saturday 12 Los Altos Temporary
Thurs,Fri,Sat 17,18,19 San Jose Permanent
Saturday 19 Sunnyvale Permanent
Thurs,Fri,Sat 24,25,26 San Jose Permanent
Saturday 26 Santa Clara Temporary
May Fri,Sat 2,3 San Martin Permanent
Thurs,Fri,Sat 1,2,3 San Jose Permanent
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Saturday 17 Sunnyvale Permanent
Saturday 24 No Event No Event MEMORIAL DAY WEEKEND
Thurs,Fri,Sat 29,30,31 San Jose Permanent
June Fri,Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Thurs,Fri,Sat 19,20,21 San Jose Permanent
Saturday 21 Sunnyvale Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
Saturday 28 Milpitas Temporary
*SUBJECT TO CHANGE
AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy,
Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View,
Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa
Clara(COUNTY) on the 1ST day of Ju Li( 2012. The term CITIES may refer to
CITIES collectively or individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city
and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and
implementing an integrated waste management plan; and
WHEREAS,the Board of Supervisors established the Countywide AB939
Implementation Fee effective July 1, 1992 to fund local costs of preparing, adopting, and
implementing integrated waste management plans and programs; and
WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has
determined that a Countywide AB939 Implementation Fee (Fee) is necessary,pursuant to Public
Resource Code 41901,to assist in funding the costs of preparing, adopting and implementing
integrated waste management plans and programs in the fifteen cities and the unincorporated
area of the county; and
WHEREAS,the Fee shall be imposed on each ton of waste landfilled or incinerated
within the County; received at any non-disposal or collection facility located within the County
and subsequently transported for disposal or incineration outside of the County; collected from
any location within the County by a solid waste hauler operating pursuant to a franchise,
contract, license, or permit issued by any local jurisdiction and subsequently transported for
disposal or incineration outside of the County; or removed from any location in the County by
any person or business for disposal or incineration outside the County; and
WHEREAS, state law requires jurisdictions to plan and implement household hazardous
waste (HHW) services; and
WHEREAS, HHW programs provide household hazardous waste management services
to residents of Santa Clara County and are necessary services to enable jurisdictions to meet the
requirements of state law; and
WHEREAS,jurisdictions in Santa Clara County desire to provide safe, convenient, and
economical means for residents to properly dispos, of household hazardous wastes in an
environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage,
sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or
environmental hazard. These wastes include, but are not limited to, common household products
such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner,
pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and
AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 -2015
DUPLICATE OEIGINAL
WHEREAS, the County will collect the Fee on behalf of the fifteen cities and the
unincorporated area and will apportion the Fee according to the terms of this Agreement.
NOW, THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the COUNTY
will collect and distribute the Fee of$4.10 per ton in Fiscal Years 2013, 2014 and 2015 of waste
to be disposed. The Fee is divided into two parts: 1) a Program Fee of$1.50 per ton to assist in
funding the costs of preparing, adopting, and implementing the integrated waste management
plan in the fifteen cities and the unincorporated area of the County; and 2) a Household
Hazardous Waste (HHW) Fee of$2.60 per ton to provide funding to implement the Countywide
HHW Program. The Program Fee will be allocated among jurisdictions as described in Exhibit
B, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY,
CITIES, and Countywide HHW Program and participating jurisdictions as described in Exhibit
C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of waste
landfilled or incinerated within the County; received at any non-disposal or collection facility
located within the County and subsequently transported for disposal or incineration outside of
the County; collected from any location within the County by a solid waste hauler operating
pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and
subsequently transported for disposal or incineration outside of the County; or removed from any
location in the County by any person or business for disposal or incineration outside the County.
Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara
Non-Disposal Facility Element(and subsequent amendments to that Element) and are listed in
Exhibit A, attached hereto and incorporated herein.
2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and
non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility subsequently
permitted, on a quarterly basis using data from tonnage reports filed by landfill and non-disposal
facility operators with the County Integrated Waste Management Division. The COUNTY shall
require each landfill and non-disposal facility to submit required payment, documentation of
tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis,
within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be
subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara
County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts
to determine the identity of the hauler. That hauler will subsequently be billed in the same
fashion subject to the same penalties as mentioned above. Collected funds and any late filing
payments and delinquency penalties shall be distributed to CITIES and Countywide HHW
Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to
distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility
operators.
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AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 -2015
3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the
COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate
documentation, errors in waste allocations among jurisdictions.
4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the Fee. Best efforts will be made to prevent tonnage
from being assessed a double fee (once at a non-disposal facility and again at a landfill
within Santa Clara County). The Program Fee funding share paid to CITIES shall be used
to assist in funding the costs of preparing, adopting, and implementing the integrated waste
management plan of each of the CITIES and the unincorporated area of the COUNTY.
The HHW Fee portion shall assist in funding the costs of each city's share of HHW
operations.
5. INSURANCE
Each party shall maintain its own insurance coverage,through third party insurance, self-
insurance or a combination thereof, against any claim, expense, cost, damage or liability
arising out of the performance of its responsibilities pursuant to this Agreement. CITIES
agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or
other documentation acceptable to the COUNTY upon request.
6. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be
imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the
parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the parties agree that each of the parties hereto shall fully indemnify and hold each
of the other parties harmless from any claim, expense or cost, damage or liability arising
out of, or in connection with,performance of its responsibilities pursuant to this Agreement
and as described in Exhibit D.
Additionally, CITIES shall indemnify,hold harmless, and defend COUNTY, its officers,
agents, and employees with respect to any loss, damage, liability, cost or expenses,
including attorney fees and court costs, arising from any misuse of the Fee distributed to
CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers,
agents, and employees with respect to any loss, damage, liability, cost or expenses,
including attorney fees and court costs, brought by third parties based on COUNTY's sole
negligence in the collection or distribution of said Fees.
7. DISTRIBUTION OF FEE
COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant
to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non-
disposal facility payments and disposal documentation required for calculation of Fee
3
AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013-2015
distribution amounts. Distributions shall begin December 15, 2013, and continue quarterly
through October 15, 2015.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by
entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM.
9. LATE PAYMENTS
If Fee payments and disposal documentation are not received from landfill or non-disposal
facility operators prior to scheduled distribution of payments to CITIES and the
Countywide HHW Program,payment distribution shall be calculated on a pro rata share of
monies received. Upon collection, late payments and accrued delinquent penalties, if any,
shall be distributed among CITIES and the Countywide HHW Program according to the
formula in Exhibits B and C.
10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection, use and
distribution of the Fee for at least five (5)years after the termination date of this
Agreement, unless otherwise required by law to retain such records for a longer period.
Such records will be available for inspection upon written request by CITIES, and will
include but not be limited to tonnage reports submitted by landfills and non-disposal
facilities, waste stream documentation provided by cities,payments made by the landfills
and non-disposal facilities to the COUNTY and by the COUNTY to CITIES, and
expenditures for programmatic and overhead costs.
11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the Fee or the
distribution or use of the Fee, CITIES may request in writing a review by COUNTY within
10 days of receipt of their Fee allocation. The review shall be performed within 30 days of
request and results shall be reported to CITIES in writing.
12. EFFECTIVE DATE OF AGREEMENT
This agreement is effective upon approval by all fifteen CITIES and the COUNTY.
13. AMENDMENT
This Agreement may be amended only by an instrument signed by all fifteen CITIES and
the COUNTY.
14. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent
contractor and not as an officer, agent, servant or employee of any of the parties hereto.
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AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 -2015
•
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.
15. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2012 to June 30, 2015, or until all funds
from the last quarter's Fee payments have been distributed, whichever is later. COUNTY
shall bill the operators of the landfills and non-disposal facilities listed in Exhibit A for the
Fee commencing with the Quarter ending September 30, 2012. Said landfills and non-
disposal facilities will be billed for the Fee through June 30, 2015.
16. NOTICES
All notices required by this Agreement will be deemed given when in writing and delivered
personally or deposited in the United States mail,postage prepaid, return receipt requested,
addressed to the other party at the address set forth below or at such address as the party
may designate in writing in accordance with this section.
City of CurEP-m o
Contact: c_.‘-k -Rl DoNNELL
Title: F- tR00 M6urAtr e(2-0 6-RAM s M5-I- .
Address: 10300 -ro UE.)ccP riPo, CA- 5so 14
County of Santa Clara
Contact: Program Manager
Program: Integrated Waste Management Division
Address: 1553 Berger Drive Building 1
City: San Jose, CA 95112
17. CONTROLLING LAW
This Agreement shall be governed and construed ill accordance with the laws of the State
of California.
18. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the
subject matter hereof.No modification of this Agreement shall be effective unless and until
modification is evidenced by writing signed by all parties or their assigned designees.
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AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013-2015
19. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated
below:
"COUNTY"
/111Ld
George Shirakawa,President
Board of Supervisors
ATTEST: Date: MAY 2 2 2012
1 / /
►,% REGAD,�i Z •
Interim Clerk oft e Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
.o,
Mark Bernal
Deputy County Counsel
"CITY"
CITY/TOWN OF Cupertino
A municipal corporation
By: 7 I ntkr3
Title: Interim City Manager
Date: —.11, -�
.pr.ve.ia to fo ,1:
City •ttorney
6
AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013-2015
EXHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Pacheco Pass Sanitary Landfill
Palo Alto Refuse Disposal Area
Zanker Materials Processing Facility
Zanker Road Landfill
NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN SANTA
CLARA COUNTY
Butterick Enterprises Recyclery
California Waste Solutions Recycling & Transfer Station
City of Palo Alto Green Composting Facility
Environmental Resource Recovery, Inc. (Valley Recycling)
Green Earth Management LLC Kings Row Recyc ling Facility
Green Waste Recovery Facility
GreenTeam of San Jose Material Recovery Facility and Transfer Station
Guadalupe Landfill
Material Recovery Systems Facility
Mission Trail Waste Systems, Inc.
Newby Island Compost Facility
Pacheco Pass Transfer Station
Pacific Coast Recycling, Inc.
Premier Recycling Facility
Recology Silicon Valley Processing and Transfer Facility
The Recyclery at Newby Island
San Martin Transfer Station
Smurfit-Stone Recycling San Jose Facility
South Valley Organics
Stanford Recycling Center and Direct Transfer Facility
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station)
Z-Best Composting Facility
Zanker Materials Processing Facility
Zero Waste Energy Development Company Anaerobic Digestion Facility
7
AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013-2015
EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each jurisdiction located in Santa Clara County will receive $1.50 per ton of solid waste
disposed of in landfills or taken to non-disposal facilities located in Santa Clara County
that originates from that jurisdiction, as documented in quarterly reports submitted by the
County to the State Disposal Reporting System.
Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa
Clara County, will be distributed according to each jurisdiction's percent of countywide
population, according to the latest available population report issued by the California
Department of Finance.
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AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013-2015
EXHIBIT C
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are directly mandated under AB939, which establishes statutory
authority to provide for funding to support planning and implementation of integrated waste
management programs. The HHW Fee, of$2.60 per ton, collected as part of the AB939
Implementation Fee, will be the primary source of funding for Countywide Household
Hazardous Waste Collection Program (CoHHW Program) services.
Funds derived from the HHW Fee will be allocated among 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 recent Report, "Population Estimates for
California Cities and Counties."
B. San Jose Facility Use Surcharge will be apportioned based on CITY's anticipated
participation at the County Household Hazardous Waste Collection Facility located at 1608
Las Plumas Avenue, San Jose.
C. Variable Cost Per Car to provide a base level service to 4%of households in all participating
jurisdictions. The number of households will be determined at the beginning of each Fiscal
Year by statistics compiled by the California Department of Finance, Demographic Research
Unit from their most recent Report, "Populaticn Estimates for California Cities and
Counties."
D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction.
2. FIXED PROGRAM COST
Funds shall be distributed on a per household basi;3 for Fixed Program Costs. This portion of the
funds shall be distributed directly to the Countywide HHW Program. Fixed Program Costs
funding shall be calculated at$2.08 per household in FY 2013 and$2.14 per household for FY
2014 and 2015. Fixed Program Costs may include, but are not limited to ten (10) CoHHW
Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies,
county administrative overhead, county legal counsel,training costs, equipment and facility
maintenance, and union negotiated salary and benefit changes.
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AGREEMENT FOR COUNTYWIDE AB 9391MPLEMEI\TATION FEE FYs 2013 -2015
3. ABANDONED WASTE DISPOSAL COST
The existing unexpended non-profit abandoned waste fund balance of approximately $76,000,
will fund disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as
defined in Public Resources Code Section 41904.
For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a
nonprofit charitable reuse organization as follows: "Nonprofit charitable reuser" means a
charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or
a distinct operating unit or division of the charitable organization, that reuses and recycles
donated goods or materials and receives more than 50 percent of its revenues from the handling
and sale of those donated goods or materials.
4. SAN JOSE FACILITY USE SURCHARGE
The San Jose Facility Use Surcharge will be $9.75 per car for FY 2013, and $11.50 per car FY
2014 and FY 2015. The total San Jose Facility Use Surcharge for CITY will be based on
CITY's participation at the County Household Hazardous Waste Collection Facility located at
1608 Las Plumas Avenue, San Jose.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation
and other services provided to the residents at the County HHW Collection Facilities and
Temporary Events. This portion of the funds shall be distributed directly to the Countywide
HHW Program. The Variable Cost Per Car is estimated to be $59 per car for FY 2013 and $62
for FY 2014 and 2015. The estimated cost per car will be adjusted annually to reflect actual
service costs. After fixed costs and San Jose Facility Use Surcharge are allocated on a per
household basis,the variable cost per car will be used to calculate the costs to service 4%of
households across all participating jurisdictions. If the level of 4%of households is not reached,
the Countywide HHW Program will use the remaining balance of funds, in cooperation with the
CITIES, to increase public outreach and/or provide additional services in that jurisdiction where
the level of 4% is not reached the following year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of waste
generated within each jurisdiction and after allocation of Fixed Program Cost, San Jose Facility
Use Surcharge, and Variable Per Car Cost. 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 the jurisdiction by the Countywide HHW 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. CITY authorizes the COUNTY to use CITY'S Available Discretionary
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AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 -2015
Funding portion of the AB939 HHW Fee, if available, to pay for the above agreed additional
augmentation amount.
7. PROGRAM FUNDING PASS-THROUGH
Annual funding calculations include HHW Fees collected on behalf of all County jurisdictions.
CITIES, at their option, may participate in the Countywide HHW Program by entering into the
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM. CITIES not participating in the Agency Agreement will receive
their pro-rata share of funding received by the COUNTY from the HHW Fee.
If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents to participate in
HHW Program services on an emergency basis,then services to these residents will be provided
on a cost recovery basis. A charge equal to the established rates charged by the Countywide
HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES.
A CITIES' representative must call the Countywide HHW Program appointment line to schedule
an appointment for the resident. The pro-rata share of liability will be shared as defined in
Section 29 of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM and as described in Exhibit D.
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AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013-2015
EXHIBIT D
SECTION 29 OF AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed
between CITY and COUNTY pursuant to Government Code Section 895.6,the parties agree that
all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and
CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall
fully indemnify and hold each of the other parties,their officers, board members, employees and
agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason of the negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, employees or agents,
under or in connection with or arising out of any work, authority or jurisdiction delegated to such
party under this Agreement. No party, nor any officer, board member, employee or agent thereof
shall be responsible for any damage or liability occurring by reason of the negligent acts or
omissions or willful misconduct of the other parties hereto, their officers, board members,
employees or agents, under or in connection with or arising out of any work authority or
jurisdiction delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability
incurred and attributed to the Countywide HHW Program for the transportation,treatment, or
disposal of the household hazardous waste, once the waste has been accepted by a licensed
hazardous waste hauler. Apportionment for disposal liability shall be determined by each
participating jurisdiction's pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each
participating jurisdiction's pro rata household participation at the event where the waste was
generated. COUNTY will use reasonable efforts to obtain recovery from all available resources,
including insurance, of any liable hauler or liable disposal facility operator. No liability shall be
apportioned to CITY for transportation,treatment or disposal in any case where COUNTY has
contracted for such services and has failed to require the contractor to maintain the insurance
requirements set forth in Section 26 of the AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and
attributed to the Countywide HHW Program for the transportation, treatment or disposal of
household hazardous waste at corporate sponsored events where non-county resident employees
of the corporate sponsor are authorized to participate in the event. Liability for the nonresident
portion of the disposal of waste shall be shared by the cities and the county as described above.
The nonresident portion shall be determined by calculating the percentage of nonresidents
participating in the event. This percentage will then be subtracted from the total liability for the
household hazardous waste prior to assessing CITY's apportioned share of any liability for the
household hazardous waste.
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AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 -2015
COUNTY shall require Conditionally Exempt Small Quantity Generators ("CESQG") 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.
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AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 -2015