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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 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 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 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