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CC Resolution 13157 - Approve Agreements for AB 939 Implementation Fee and HHW Collection Program RESOLUTION NO. 13157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL TO APPROVE AGREEMENTS FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE AND COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 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 City of Campbell, in agreement with the Recycling and Waste Reduction Commission of Santa Clara County, has determined that a Countywide AB 939 Implementation Fee of $4.10 per ton of waste disposed at landfills within the county should be collected with $1.50 per ton of the fee assisting in funding the' costs implementing the integrated waste management plan in the cities and unincorporated areas of the county, and $2.60 per ton funding the Countywide Household Hazardous Waste Program through Fiscal Year 2027; and WHEREAS, 'the City Council finds that execution of an Agency Agreement for the implementation of a Countywide AB 939 fee collection program is in the best interests of the residents and businesses of the City of Campbell; and • WHEREAS, the County of Santa Clara implements and administers the Countywide Household Hazardous Waste Collection Program whereby residents and small generators of hazardous waste of the participating jurisdictions and unincorporated areas have an opportunity to safely dispose of household hazardous waste; and WHEREAS, the City Council finds that execution of an Agency Agreement to continue the provision of a safe and convenient means of disposing of household hazardous waste is in the best interest of the residents and businesses of Campbell. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby approve Agency Agreements for the Countywide AB 939 Implementation Fee and the Countywide Household Hazardous Waste Collection Program and authorizes the City Manager to execute said agreements and future extensions and amendments. PASSED AND ADOPTED this 21st day of May, 2024 by the following roll call vote: AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None • APPROVED: • JZwam) Susan M. Land , Mayor ATTEST: %AO owiCe, Andrea Sand, City Clerk 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 21st day of May, 2024. 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 a countywide integrated waste management plan; WHEREAS, State law, Public Resource Code Section 41750, requires that the countywide integrated waste management plans contain a household hazardous waste ("HHW") element for each city within the county as well as for the unincorporated area of the county; WHEREAS, the Board of Supervisors of the County of Santa Clara ("Board") has imposed a Countywide AB939 Implementation Fee ("Fee") since July 1, 1992 to pay for the costs of preparing, adopting, and implementing integrated waste management plans and programs, including HHW program elements; WHEREAS, the Board has approved reimposing the Fee for Fiscal Years 2025, 2026, • and 2027 (July 1, 2024 through June 30, 2027) at$4.10 per ton of waste landfilled or incinerated in the County; received at any nondisposal 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; and removed from any location in the County by any person or business for disposal or incineration outside the County; WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary to meet HHW planning and management requirements under State law; WHEREAS,jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose 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 or in any other 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 AB939 Implementation Fee FYs 2025-2027 Page 1 of 16 WHEREAS, the County will collect the Fee on behalf of the fifteen cities and for the unincorporated area of the County 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 of waste to be disposed in Fiscal Years 2025, 2026 and 2027. 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 Fee of$2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among the CITIES and COUNTY as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program 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 Recycling and Waste Reduction Division. 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. Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 2 of 16 // 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 if it is landfilled or incinerated in the County; received at any non-disposal facility or collection facility in the County and subsequently transported for disposal or incineration outside the County; collected from any location within the County by a solid waste hauler operating under franchise, contract, license, or permit issued by a local jurisdiction and subsequently transported for disposal or incineration outside the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Best efforts will be made to prevent tonnage from being assessed a double fee (for instance, 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 CITIES' 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 be applied to fund the costs of CITIES' share of Countywide Household Hazardous Waste services; any HHW fees directly disbursed to CITIES as provided in this Agreement shall be used to fund the costs of preparing, adopting, and implementing the jurisdiction's HHW element of the Countywide integrated waste management plan, including providing HHW services to residents: 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. Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 3 of 16 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 AB939 Program Fee to CITIES and the HHW Program Fee to the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non-disposal facility payments and disposal documentation required for calculation of Fee distribution amounts. Distributions shall begin December 15, 2024, and continue quarterly through October 15, 2027. 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 Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 4 of 16 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. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, 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, 2024 to June 30, 2027, 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, 2024. Said landfills and non-disposal facilities will be billed for the Fee through June 30, 2027. 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 Campbell Contact: Peri Newby Title: Environmental Program Specialist Address: 70 N 1st Street, Campbell, CA 95008 County of Santa Clara Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 5 of 16 Contact: Recycling and Waste Reduction Program Manager Program: Integrated Waste Management Services Address: 1553 Berger Drive, Building 1 San Jose, CA 95112 // // 17. CONTROLLING LAW This Agreement shall be governed and construed in 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. 19. COUNTERPARTS This Agreement maybe 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. 20. CONTRACT EXECUTION Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract,has the same force and legal effect as a contract executed with an original ink signature. The term"electronic copy of a signed contract"refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term"electronically signed contract"means a contract that is executed by applying an electronic signature using technology approved by the County. // // • // // // // Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page6of16 • // // // // // IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below: Date: COUNTY OF SANTA CLARA JAMES R.WILLIAMS County Executive Date: 6/(Pf Z1( CIT " CITY/TOWN OF Campbell Title: City Manager A municipal corporation APPROVED AS TO FORM AND LEGALITY: Willie Nguyen Deputy County Counsel Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 7 of 16 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 ComCare Farms Composting Facility Environmental Management Systems Facility Green Waste Recovery Facility Mission Trail Waste Systems, Inc. Newby Island Compost Facility Pacheco Pass Landfill Composting Facility Pacific Coast Recycling, Inc. Premier Recycling Facility The Recyclery at Newby Island San Martin Transfer Station Sunnyvale Materials Recovery and Transfer Station(SMaRT Station) Z-Best Composting Facility Zanker Materials Processing Facility Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 8 of 16 EXHIBIT B FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE Each of the CITIES, and the COUNTY for its unincorporated area, 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. • • • • Environment Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 9 of 16 EXHIBIT C COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM FEE (HHW Fee) 1. PROGRAM FUNDING SOURCE HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. Public Resources Code Section 41901 authorizes imposition of a fee to support planning and implementation of integrated waste management programs, including their HHW elements. 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 five 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 CITIES' anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. C. Variable Cost Per Car is the cost associated with labor,waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing 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, "Population Estimates for California Cities and Counties." D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San Jose Facility Use Surcharge, and Variable Cost Per Car allocation. E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section 41904. // Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 10 of 16 // 2. FIXED PROGRAM COST Funds shall be allocated on a per household basis for Fixed Program Costs at the conclusion of each Fiscal Year. This portion of the funds shall be distributed directly to the Countywide HHW Program to pay for HHW Program costs. Fixed Program Costs funding shall be calculated shall not exceed $5.07 per household in Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include, but are not limited to, eleven(11) 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. 3. ABANDONED WASTE DISPOSAL COST The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of$.05 per household are set forth in Attachment A, attached hereto and incorporated herein. Any existing unexpended non-profit abandoned waste fund balance may be allocated toward funding of disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904. For the purposes of this agreement, a nonprofit charitable reuse organization has the definition provided in Public Resources Code Section 41904 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 total San Jose Facility Use Surcharge for CITY will be based on CITY residents' proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. The San Jose Facility Use Surcharge will vary depending on facility usage but will not exceed$8.09 per car for Fiscal Years 2025, 2026, and 2027. 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. Environmental 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 Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 11 of 16 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 $66.02 per car for Fiscal Years 2025, 2026, and 2027. 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 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, 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 retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. CITIES authorize the COUNTY to determine appropriate uses of available discretionary funding and to use CITIES' Available Discretionary Funding portion of the AB939 HHW Fee to provide for additional HHW services requested by the CITIES. 7. PROGRAM FUNDING PASS-THROUGH Annual funding calculations include HHW Fees collected on behalf of all jurisdictions in the County. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. If CITIES elect to participate in the Countywide HHW Program, their pro-rata share of the HHW Fee shall be retained by the County to utilize for HHW Program costs, as provided in this Agreement and the Agreement for Countywide Household Hazardous Waste Collection Program. The COUNTY will distribute to CITIES not participating in the Countywide Household Hazardous Waste Collection Program their pro-rata share of funding received by the COUNTY from the HHW Fee, except that the COUNTY may retain and expend that portion of the non-participating CITIES' fee attributable to Abandoned Waste Disposal Costs. If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to allow 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 Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 12 of 16 • • an appointment for the resident. Liability shall be apportioned as provided in Exhibit D to this Agreement. Environ Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 ' Page 13 of 16 EXHIBIT D SECTION 28 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 23 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 Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 14 of 16 liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require Conditionally Exempt Small Quantity Generators ("CESQG") and Nonprofit Charitable Reusers to indemnify COUNTY for, at minimum, 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. Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 15 of 16 • • • Agreement for Countywide AB939 Implementation Fee FYs 2025-2027 Page 16 of 16 AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement for Countywide Household Hazardous Waste Collection Program ("AGREEMENT") is made by and between the City of Campbell ("CITY") and the County of Santa Clara("COUNTY") on the 21st .day of May, 2024. RECITALS WHEREAS, the Board of Supervisors of the County of Santa Clara("Board of Supervisors")has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the unincorporated areas of the Santa Clara County and cities and towns within Santa Clara County participating in the Countywide program will have an opportunity to safely dispose of household hazardous wastes (HHW),regardless of the specific location at which the collection has been scheduled; and WHEREAS, CITY desires to provide residents with convenient opportunities to safely dispose of their 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 and/or environmental hazard; and WHEREAS, CITY desires to provide a safe, convenient, and economical means for residents to dispose of HHW. These wastes include,but are not limited to, common household products such as household cleaning products, furniture polish, solvents, oven cleaner, pesticides, oil-based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste; and WHEREAS, CITY desires to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2025 through FY 2027 (July 1, 2024—June 30, 2027); and WHEREAS, CITY desires to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in its jurisdiction; and WHEREAS, CITY desires to participate in the Countywide Household Hazardous Waste Collection Program to meet these objectives; and WHEREAS, pursuant to Public Resources Code Section 41901, the Board of Supervisors has approved the collection of a$4.10 per ton Countywide AB939 Implementation fee, including a$2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2025 through FY 2027 (July 1, 2024—June 30, 2027) on all wastes landfilled or incinerated within Santa Clara County, received at any non-disposal or collection facility located within Santa Clara County and subsequently transported for disposal or incineration outside of Santa Clara 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 Agreement for Countywide Household Hazardous Waste Collection Program Page 1 of 27 transported for disposal or incineration outside of Santa Clara County, or removed from any location in Santa Clara County by any person or business for disposal or incineration outside the county; and WHEREAS, the AB939 HHW Fee is allocated to the Countywide Household Hazardous Waste Program and participating jurisdictions to fund HHW program costs in accordance with the terms of the Countywide AB939 Implementation Fee Agreement; and WHEREAS, CITY desires for COUNTY to utilize CITY's share of the AB939 HHW Fee to provide HHW services for CITY residents. 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 this AGREEMENT with the County. 2. PROGRAM FUNDING SOURCE HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. State law authorizes cities and counties to impose fees in amounts sufficient to support planning and implementation of integrated waste management programs, including HHW elements. The AB939 HHW Fee, of$2.60 per ton, imposed by COUNTY as part of the AB939 Implementation Fee and collected and distributed in accordance with the Agreement for Countywide AB939 Implementation Fee will be the primary source of funding.for CoHHW Program services. CITY agrees that COUNTY may utilize CITY's share of the AB939 HHW fee to provide HHW Program services in accordance with the terms and conditions of this AGREEMENT. Funds derived from the AB939 HHW Fee will be allocated among five 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 residents' participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose, CA 95133. • Agreement for Countywide Household Hazardous Waste Collection Program Page 2 of 27 C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing 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, "Population Estimates for California Cities and Counties." D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San Jose Facility Use Surcharge, and Variable Cost Per Car allocation. E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Section 41904 of California Public Resources Code. The projected AB939 HHW Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein. 3. FIXED PROGRAM COST Estimated HHW Fixed Program Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal year based on CITY's proportional share of the County population and will not exceed $5.07 per household for Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include,but are not limited to,up to eleven(11) County HHW Program staff members, facility lease 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. 4. ABANDONED WASTE DISPOSAL COST The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed$0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of$0.05 per household are set forth in Attachment A, attached hereto and incorporated herein. For the purposes of this Agreement, "Nonprofit Charitable Reuser Organization" is defined in accordance with Section 41904 of California Public Resources Code as follows: 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. Agreement for Countywide Household Hazardous Waste Collection Program Page 3 of 27 5. SAN JOSE FACILITY USE SURCHARGE The total San Jose Facility Use Surcharge for CITY will be based on CITY residents' proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. Estimated San Jose Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. The San Jose Facility Use Surcharge will vary depending on facility usage but will not exceed$8.09 per car for Fiscal Years 2025, 2026, and 2027. 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 $66.02 per participating resident car for Fiscal Years 2025, 2026 and 2027. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program 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 in the CITY, the CoHHW Program may use the remaining,balance of funds, in cooperation with the CITY, to increase public outreach and/or provide additional services in that jurisdiction the following year. 7. 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, San Jose Facility Use Surcharge, and Variable Cost Per Car allocation. 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 retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. COUNTY has discretion to determine appropriate uses of Available Discretionary Funding in accordance with the terms and conditions in this Agreement, and to apply the funding toward those uses. 8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE The County of Santa Clara Recycling and Waste Reduction Division will administer the AB939 HHW Fee, as part of the existing online disposal reporting and payment system. Administration and payment will be made in accordance with the Agreement for Countywide AB939 Implementation Agreement. 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 Agreement for Countywide Household Hazardous Waste Collection Program Page 4 of 27 • 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. 9. PROGRAM PUBLICITY The CoHHW Program shall produce and make available to the public an HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events and community fairs. The brochure may also be distributed,upon request, to cities within Santa Clara County and to Santa Clara County residents and businesses. The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW 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 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 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 HHW promotion communications to residents for local and CITY newsletters, newspapers and to the electronic media; • Providing the CoHHW Program with a copy of HHW promotion materials produced by the CITY; • Conducting and supporting outreach and publicity to attain the goal of 4% of households in the CITY participating in the CoHHW Program; and • Providing the CoHHW Program a report summarizing all outreach activities conducted by the CITY during the fiscal year. The report is due 30 days after the end of the reporting period. 10. TEMPORARY HHW EVENTS COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary Agreement for Countywide Household Hazardous Waste Collection Program Page 5 of 27 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. When COUNTY conducts a Temporary HHW Event in CITY's jurisdiction, CITY agrees to provide solid waste and recycling services at such event at no cost to the CoHHW Program to ensure the proper management of non-hazardous waste generated at the event. Any additional expenses for such event incurred beyond the agreed-upon budget shall be subject to negotiation and mutual agreement between the COUNTY and the CITY. To increase the Community's awareness of and participation in any Temporary HHW Event in CITY's jurisdiction, the CITY agrees to promote, at the CITY's sole expense, each such event to the residents at least thirty (30) days in advance before the scheduled date. The promotion may include,but is not limited to,bill inserts, door hangers, flyers, in-person outreach , events, newsletters, press releases, public service announcements, social media, television public access stations, websites, etc. 11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF). The CoHHWCF are located at: • San Martin, 13055 Murphy Avenue,San Martin, CA 95046 • San Jose, 1608 Las Plumas, San Jose, CA 95133 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. RECYCLING AND DISPOSAL PROGRAM FOR VERY SMALL QUANTITY GENERATORS COUNTY will provide services to accept hazardous waste from Very Small Quantity Generators (VSQG) in accordance with Section 25218.3 of California Health.and Safety Code, as amended from time to time. VSQG is defined in Section 25218.1(q) of California Health and Safety Code. Eligible VSQGs include,but not limited to, small businesses, governmental entities, non-profit organizations, schools, special districts, etc. within the County so long as they meet the criteria as defined in Section 25218.1(q) of California Health and Safety Code. Eligible VSQGs will be allowed to bring their hazardous waste to CoHHWCF. These services to VSQGs located within the CITY will be provided on a cost recovery basis, which will include program administration, Agreement for Countywide Household Hazardous Waste Collection Program Page 6 of 27 on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating VSQG. The CITY may choose to pay for services for VSQG's within the CITY and will notify the COUNTY in writing with 30-day advance notice in order to exercise this option. If the CITY exercises this option, the COUNTY will invoice the CITY for all costs associated with VSQG's within the CITY. If CITY has available Discretionary Funding, COUNTY may use this funding to pay for VSQG costs. 13. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and qualified 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. A) GOVERNMENT AGENCIES Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program's rates for VSQGs. B) NONPROFIT CHARITABLE REUSER In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the County Executive a request to be so designated. The County Executive 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 available fund to pay for the disposal of the abandoned HHW from Nonprofit Charitable Reusers is exhausted, 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 rates for VSQGs. No additional costs shall be applied to the budget of the CITY or any other participating jurisdiction. 14. HOUSEHOLD HAZARDOUS WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to those materials that qualify as "Household Hazardous Waste"pursuant to Section 25218.1(d) of California Health and Safety Code, as amended from time to time. These materials include,but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, Agreement for Countywide Household Hazardous Waste Collection Program Page 7 of 27 household cleaners,pool chemicals,mercury thermostats,fluorescent lamps containing mercury, household batteries, electronic waste(e-waste), and other common hazardous consumer products. 15. 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,biohazardous waste, 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 VSQGs as provided for in Section 12 of this Agreement shall be accepted. 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4%minimum participation level. Additional services shall be made available upon written agreement between the CITY's authorized representative and the County Executive Officer or designee. 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 $ 80,093 to the Countywide HHW Program during Fiscal Year 2025 for the purpose of attaining or increasing CITY household participation above the 4%minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. 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 offset the above agreed additional augmentation amount. CITY agrees to make an interim payment to COUNTY amounting to 50 percent of the augmentation amount stated above for each fiscal year. This interim payment shall be made no later than September 30th of each fiscal year. The remaining balance of any outstanding cost shall be reconciled and paid or refunded in accordance with the terms outlined in the annual cost statement. 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. // Agreement for Countywide Household Hazardous Waste Collection Program Page 8 of 27 17. INFORMATION AND APPOINTMENT LINE , COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 9:00 a.m. to 5:00 p.m, except for COUNTY-recognized holidays 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 if resident participation approaches a level of service that may not be supported by available funding. 18. SCHEDULING AND SITE SELECTION 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 participating jurisdictions in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2025 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. The COUNTY determines the adequate number of collection days by tracking attendance at each event. 19. OUTSIDE FUNDING During the term of this Agreement, COUNTY may seek outside funding sources for services that would supplement existing HHW services such as permanent collection sites, equipment, retail take-back collection and operational funding. If outside funding is obtained, the CoHHW Program will, at COUNTY's discretion, proceed with development of additional programs using that outside funding without drawing on CITY's funding provided under this Agreement. 20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION The CITY authorizes the CoHHW Program to apply for lead agency grants, including but not limited to Used Oil Payment Program grants, from the California Department of Resources Recycling and Recovery (CaiRecycle), on behalf of participating jurisdictions. The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and 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 the COUNTY or a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply for the grant opportunity. 21. 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 D sets out CITY and Agreement for Countywide Household Hazardous Waste Collection Program Page 9 of 27 • 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 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 D, Household Hazardous Waste Emergency Collection Plan. COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from California Department of Toxic Substances Control and will handle wastes in accordance with applicable state laws and regulations. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery basis, and all payments shall be due COUNTY within 30 days following the receipt of the invoice. 22. 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, including the CITY, and the COUNTY, as described in Section 26 of this Agreement. Summary information concerning these corporate sponsored events, if any, will be included in the CoHHW Program's annual report to the participating jurisdictions. 23. INSURANCE REQUIREMENTS Contractors who provide hazardous waste transportation, treatment, or disposal services • shall have the required insurance as outlined in Attachment E, Exhibit E 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. 24. WASTE TRACKING AND REPORTING COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15 of each year. 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 Page 10 of 27 • 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. 25. `PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program. 26. 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 23 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 Agreement for Countywide Household Hazardous Waste Collection Program Page 11 of 27 • 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 participating jurisdictions 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 VSQGs and Nonprofit Charitable Reusers to indemnify COUNTY, at minimum, 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 VSQG 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 VSQGs 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. 27. TERMINATION This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party. • 28. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2024 to June 30, 2027, or until all revenue from the last quarter's AB939 fee payments have expended and/or distributed, whichever is later. 29. 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, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 30. 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. 31. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. Agreement for Countywide Household Hazardous Waste Collection Program Page 12 of 27 32. 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 designates. 33. NOTICES All notices and communications herein required shall be in writing to the other party as follows,unless expressly changed in writing: CITY of Campbell . City Representative Peri Newby Representative's Title Environmental Program Specialist City Address 70 N 1st Street Campbell, CA 95008 County of Santa Clara Director Consumer and Environmental Protection Agency 1553 Berger Drive San Jose, California 95112 34. CONTRACT EXECUTION Unless otherwise prohibited by law or COUNTY policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term"electronic copy of a signed contract"refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term"electronically signed contract"means a contract that is executed by applying an electronic signature using technology approved by the COUNTY. // // // // // // Agreement for Countywide Household Hazardous Waste Collection Program Page 13 of 27 IN WITNESS WHEREOF,the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: Date: COUNTY OF SANTA CLARA JAMES R. WILLIAMS County Executive Date: (D/(-0 "CITY" TOWN OF Campbell • Title City Manager A municipal corporation APPROVED AS TO FORM AND LEGALITY: WILLIE NGUYEN Deputy County Counsel • Attachments: A Projected Fiscal Years 2025, 2026, and 2027 AB939 HHW Fee Funding Allocation by Jurisdiction B Estimated HHW Program Fixed Costs for Fiscal Years 2025, 2026, and 2027 C HHW Schedule of Collection Events for Fiscal Year 2025 D Household Hazardous Waste Emergency Collection Plan E Exhibit-E Insurance Requirements for Environmental Services Contracts Agreement for Countywide Household Hazardous Waste Collection Program Page 14 of 27 ATTACHMENT A: PROJECTED FISCAL YEARS 2025-2027 ANNUAL HHW FEE FUNDING ALLOCATION BY JURISDICTION ied A533935765 Feted Cast Si Faoiiiiy VatiableCost Waste 84poal AnbeiFa§e Its of 466 of ?'epose! Fae per Ton pet 1 i Surcharge p Car Ccstpet Ha 6sa=tianery Estimated Anldpa2C Pettdpaten Cities Househot& timisehoids Tonnage 52.eo - S5.07 r 3809 595.02 S0.05 Fool Augmentation Partisinstion at Si Fe attri Canobel 15,451 733 37152 S 30,03 S 93494 S 5,971 5 48,775 5 923 S {52,4933 5 80,093 1,155 1,056 _ueer5.m 21,787 271 251937 77,213 5 1101338 5 7,050 5 57.935 5 1,039 5 727,254} $ 133,081 1,339 239 GO., 18784 751 53.993 S 157.553 5 95,181 S 5,073 5 45E05 5 333 5 5.754 5 27.110 - 1.152 154 Los Alms 11,871 475 10E97 5 43,153 0 m/552 3 3842 S 51,349 5 334 a 152,7843 S 36,037 1.130 784 Los Alas K96 3,151 126 , 5533 5 14,531 S 15507 S 1,020 S 8,321 S 158 S 110.3341 t5 22,221 297 174 Lca Getra 14,005' 580 23770 S 51,882 S 70,970 5 4,532 S 35397 5 r00 5 751.2009 r 5 94.219 1,233 1,193 }rLktias 25,789 1.031 59,834 $ 155204 S 130,575 $ 8,355 5 88051 5 1,M8 a {53,045} S 79,341 1,4. 953 Monte Seem 1.353 .54 735 5 1.311 5 5,555 5 43.8 S 3573 S 90 5 i9.024} 5 17,334 190 155 hl rgan 615 15.178 2,7 44,735 5 115011 5 81,37e 5 5,235 S 72723 $ 039 S {15,732} $ 75407 1,551 Mountain 1,150 39194 1,583 51,911 S 132523 5 133,802 5 12,584 5 103504 S 1,950 5 084.128 S 169,023 1.340 772 Fah filo 29.265 1,171 45,180 5 117,459 5 1,454 5 116.025 San Jose 348,733 13,832 827,019 5 2.150203 5 1,752,210 5 111,934 $ 913183 a 17,230 S {544.1271 $ 1,185,168 22035 20,533 Santa Clots 55,370 2,135 113,531 5 295597 5 270,434 $ 17,271 5 140,639 5 2,589 5 7135.71 7 S 237,003 3289 2010 Seramga 110353 454 17,897 5 48,533 S 57.527 5 3,874 5 29981 5 553 $ t45,217} 5 76,767 982 800 Sur•,rule 05111 2,524 85,239 $ 255,321 $ 319,733 5 29 423 $ 155034 $ 3,150 5 1252,0141`$ 262351 2881 1,533 Unir:ro'o01417.e 18.593 742 45693 5 118,802 5 94,027 5 5,005 5 49,008 5 928 5 {31,175} S 80,009 1.452 845 Total 832019' 27.931 1,475,053 3 3,842931 S 3.359.172 S 214,457 S 1,750.148 5 4.501 S 31.51<4573 6 2,636,224 41.558 32,345 ,Yams'Na of 461 and CP4pose_t 5nna0e are L^ase0 en FY2022-2323 acutes.Axmdpated oereci5slicn end a 0dpated oo0',o ation et 5,1 facllt¢are 5a;ed an 1018 Irvz-0e from F 1202c'-2023 900sst o-atitl9ation • Agreement for Countywide Household Hazardous Waste Collection Program Page 15 of 27 ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS FOR FISCAL YEARS 2025, 2026,AND 2027 • FIXED COST Staff Salary and Benefits $ 1,926,605.10 County Admin Overhead • $667,328 County Counsel $17,745 Phones and Communications $13,787 Facilities Lease Costs San Jose $215,880 Vehicle Costs $44,363 Office Supplies and postage $4,430 Maintenance, Software $150,150 HHW Hotl ine $150,000 Garbage&Utilities $47,434 Membership&Dues $20,475 Training&Conference $6,825 Safety Wear $28,392 Printing $11,632 Other Services&Supplies $53,127 ESTIMATED ANNUAL TOTAL S 3,358,171.77 Agreement for Countywide Household Hazardous Waste Collection Program Page 16 of 27 ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY COLLECTION EVENTS FOR FISCAL YEAR 2025-2027* 2024/Month Day Date Location Type of Event County Holidays/Notes July Wed 3 San Jose Permanent Thursday 4 ,,, No Event r No Event, 4th OF JULY Fri.Sat 5,6 San Jose Permanent Fri,Sat 5,6 San Martin Permanent Thurs,Fri 11,12 San Jose Permanent µ .gip,;, z+ n,:.. .�'i ,k. v �.�;' er,. a ' ,5 r;,xt t�: .. '"�`9,m, ,"'. F'i,�,'� � e 6. d.� t"bid:.�i �. Thurs,Fri,Sat 18,19,20 San Jose Permanent Thurs,Fri,Sat 25,28,27 San Jose Permanent August Thurs,Fri,Sat 1,2,3 San Martin Permanent Thurs,Fri,Sat 1,2,3 San Jose Permanent Fri,Sat 4,5 San Martin Permanent Thurs,Fri,Sat 8,9,10 Sacs Jose Permanent Thurs,Fri,Sat 15,16,17 San Jose Permanent Thurs,Frt 22,23 San Jose Permanent M? a,,r if5 $ l f y¢,. ":,«,:"0*• 2! A k va G ,.,-sec ,M1 '-v,i -Th:srs,Fri 29,30 San Jose Permanent Saturday - 31 No Event No Event LABOR DAY WEEKEND September Thurs,Fri,Sat 5,6,7 San Martin Permanent Thurs,Fri,Sat 5,6,7 San Jose Permanent Thurs,Fri,Sat 12,13,14 San Jose Permanent Thurs,Fri 19,20 San Jose Permanent r o of , o , '' r fp ' b, * . { *Vi �9 " ! ' .,�.`. ,�'� ��{{�i"tib5(* � ..,� �� a+R ,^" 6 " In ���anli �➢��j'."� iy� � �' i (fin &g Thurs,Fri,Sat 26,27,28 San Jose Permanent October Thurs,Fri,Sat 3,4,5 San Martin Permanent Thurs,Fri,Sat 3,4,5 San Jose Permanent Thurs,Fri,Sat 10,11 San Jose Permanent Thurs,Fri,Sat 17,18,19 San Jose Permanent Thurs,Fri,Sat 24,25,26 San Jose Permanent Th.srs 31 San Jose Permanent November Fri,Sat 1,2 San Jose Permanent Thurs,Fri.Sat 7,8,9 San Martin Permanent Thurs 7,8,9 San Jose Permanent Thurs,Fri,Sat 14,15,16 San Jose Permanent Thurs,Fri,Sat 21,22,23 San Jose Permanent Thurs,Fri,Sat 28;29,30 -: No Event - •No Event , THANKSGIVING December - Fri,Sat 5,6,7 San Martin Permanent Ths.irrs,Fri,Sat 5,6,7 San Jose Permanent Thurs,Fri,Sat 12,13,14 San Jose Permanent Thurs,FN,,Sat 19,20,21 San Jose Permanent Wed,Thurs '25,26 , "No Event No'Event CHRISTMAS Fri,Sat 27,28 San Joe Permanent Agreement for Countywide Household Hazardous Waste Collection Program Page 17 of 27 ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY COLLECTION EVENTS FOR FISCAL YEAR 2025-2027* (Continued) 2025/Month Day Date Location Type of Event County Holidays/Notes January Wed .• 1 "� ,No Event-• °° ' No'Event NEW YEAR'S Thurs,Fri,Sat 2,3,4 San Martin Permanent Thurs,Fri,Sat 2,3,4 San Jose Permanent Thurs,Fri 9,10 San Jose Permanent 1r,.�ai; -s i„_ �: ?, ,. ., «:IttiliT, _��s ..�1 '�i 1 ik''z ,d; Il 514,*,fLiio Thurs,Fri,Sat 16,17,18 San Jose Permanent Thurs,Fri 23.24 San Jose Permanent r a �rev r � �� a��Mx �°.n.�.3� l,5 �+�s�-x ,��.;>' '� 's� i,� 7 lib Thurs,Fri 30,31 San Jose Permanent February Sat 1 San Jose Permanent Thurs,Fri,Sat 6,7,8 San Martin Permanent Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri,Sat 13,14,15 San Jose Permanent Thurs,Fri,Sat 20,21,22 San Jose Permanent Thurs,Fri 27,28 San Jose Permanent . March Sat 1 San Jose Permanent Thurs,Fri,Sat 6,7,8 San Martin Permanent Thurs,Fri,Sat 6,7,8 San Jose. Permanent Thurs,Fri,Sat 13,14,15 San Jose Permanent Thurs,Fri,Sat 20,21,22 San Jose Permanent Thurs,Fri,Sat 27,28,29 San Jose Permanent April Thurs,Fri,Sat 3,4,5 San Jose Permanent Thurs.Fri,Sat , 3,4,5 San Martin Permanent Thurs,Fri • 10,11 San Jose Permanent "��"'" - 9 £.f �. j'�.' .'A.z ?3F-'*r�`� £„f;. r"d3 �. �'�I IunT� e'"� �'�➢ff..i.7�'tivi'A:"WW""f k� �fi �'Y-"�' .� -. . ,� � �;..� PATAT4 1,714 4, ,t ikif- i, r, ....,«a�,, n. ire=?t a a � Thurs,Fri 17,18 San Jose Permanent Thurs.Fri 24,25 San Jose Permanent May Thurs,Fri,Sat 1,2,3 San Jose Permanent Thurs,Fri,Sat 1,2,3 San Martin Permanent Thurs,Fri,Sat 8.9,10 San Jose Permanent Thurs,Fri,Sat 15.16,17 San Jose Permanent Thurs.Fri 22,23 San Jose Permanent .;Saturday- 24,,. : No Event No Event . L MEMORIAL DAY.{NEEKEND Thurs,Fri,Sat 29,30,31 San Jose Permanent June Thurs,Fri,Sat 5,6,7 San Martin Permanent Thurs,Fri,Sat 5,6,7 San Jose Permanent Thurs,Fri 12.13 San Jose Permanent u+7 r..au+aay„5� --- zw;�,k.� ;."'�f du '� Y m'`,ww.ma�ra .�°S7 1,.,�� Arr x 4 hsre� - JZ te¢ ay Thurs,Fri,Sat 19,20,21 San Jose Permanent Thurs,Fri,Sat 26,27.28 San Jose Permanent *SUBJECT TO CHANGE Agreement for Countywide Household Hazardous Waste Collection Program Page 18 of 27 • ATTACHMENT D: COUNTY HOUSEHOLD HAZARDOUS WASTE EMERGENCY COLLECTION PLAN 1. PURPOSE The purpose of the Household Hazardous Waste Emergency Collection 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 California 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 designated City HHW Coordinator(s) 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, social media outlets and television public access stations. Be aware of communities where multiple language outreach efforts will be necessary. 4. State HHW Collection Permits 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. 5. Collection Events Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, within neighborhoods needing service, and at landfills or a centralized Agreement for Countywide Household Hazardous Waste Collection Program Page 19 of 27 location to service larger segments of the population. Waste collected will be transported with a transportation vehicle provided by the HHW Program. In addition, 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: San Martin, 13055 Murphy Ave,San Martin, CA 95046 San Jose,1608 Las Plumas,San Jose, CA 95133 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. Services to businesses will be provided on a cost recovery basis and according to Section 12 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. Agreement for Countywide Household Hazardous Waste Collection Program Page 20 of 27 7. State and Federal Assistance and Funds It is the City's responsibility to pursue reimbursement from State or Federal agencies. California Governor's Office of Emergency Services (Cal OES) Cal OES is responsible for requesting assistan is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond ce 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 its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from Cal OES. Follow Standardized Emergency Management System(SEMS) All requests and emergency responses must be in accordance with the SEMS.DISC 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 Cal OES. Funding and assistance may be available from Federal agencies such as FEMA and the USEPA. Damage estimates: The city should provide to the Cal 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 Cal 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 USEPA. REFERENCES California Integrated Waste Management Board, Integrated Waste Management Disaster Plan: Guidance for local government on disaster debris management, January 1997. Emergency Planning Contacts and Personnel Primary County Contact: County of Santa Clara Consumer and Environmental Protection Agency Household Hazardous Waste Program ATTN: Hazardous Materials Program Manager (408)-918-1967 For Non-Emergency after-hours, contact County Communications at: (408) 977-3220 Agreement for Countywide Household " Hazardous Waste Collection Program Page 21 of 27 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and VSQG services in consultation with the City and other operations. Cal OES Public Safety Communications Main Office 601 Sequoia Pacific Boulevard Sacramento, CA 95811 (916) 894-5209 Cal OES 3650 Schriever Avenue Mather, CA 95655-4203 (916) 845-8510 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. • • Agreement for Countywide Household Hazardous Waste Collection Program Page 22 of 27 • ATTACHMENT E EXHIBIT E 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 third party claim, liability, loss, injury or damage to the extent arising out of, or in connection with, performance of this AGREEMENT by Contractor and/or its agents or employees, 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 contests its obligation to indemnify, defend and/or hold harmless the County under this AGREEMENT and does not prevail in that contest. 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. 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. Agreement for Countywide Household Hazardous Waste Collection Program Page 23 of 27 ATTACHMENT E Exhibit E (Continued) C. Notice of Cancellation Should any of the requested policies be cancelled before the expiration-date, notice will be provided in accordance with policy provisions. • 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, (Commercial General Liability Additional Insured provided pursuant to Additional Insured Endorsement #1), 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 provided pursuant to Additional Insured Endorsement Form #1." 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 Agreement for Countywide Household Hazardous Waste Collection Program Page 24 of 27 Exhibit E (Continued) under this policy. Public Entities may also be added to the Additional Insured Endorsement Form #1 as applicable by way of insurance addendum, 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. 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 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 claim/aggregate.' b. If coverage contains a deductible or self-retention, it shall be reviewed and,approved by the County's Insurance Manager prior to contract execution. c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this AGREEMENT. • Agreement for Countywide Household • Hazardous Waste Collection Program Page 25 of 27 ATTACHMENT E Exhibit E (Continued) 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. If coverage terminated Run-Off (Tail) coverage will be purchased for three (3) years following termination. 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. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. Agreement for Countywide Household Hazardous Waste Collection Program Page 26 of 27 • ATTACHMENT E Exhibit E (Continued) 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 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. Agreement for Countywide Household . Hazardous Waste Collection Program Page 27 of 27