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AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 1 AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the
_______________(CITY) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2011. RECITALS WHEREAS, the County Board of Supervisors has approved a Countywide Household
Hazardous Waste Collection Program whereby residents of the County and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes, regardless
of the specific location at which the collection has been scheduled; and WHEREAS, the participating jurisdictions desire to provide residents with convenient opportunities to safely
dispose of their household hazardous waste (HHW) in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer,
storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and
economical means for residents to dispose of household hazardous wastes. These wastes include, but are not limited to, common household products such as household cleaning products,
spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps containing mercury,
household batteries, and electronic waste. Residents of the CITY listed above will be eligible to bring household hazardous wastes to any household hazardous waste collection event or
facility where these wastes will be accepted for proper disposal as described below; and WHEREAS, the County Board of Supervisors approved on February 7, 2006 to modify the Countywide
Household Hazardous Waste Program to include the collection and management of electronic waste (e-waste) which includes, but not limited to, radios, televisions, computers, printers,
monitors, photocopying machines, fax machines, oscilloscopes, computing accessories; and WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste Collection
Events (Events) for residents for FY 2011; and WHEREAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 4% of the households
per fiscal year in each participating jurisdiction; and WHEREAS, the County Board of Supervisors has approved a Countywide AB939 Household Hazardous Waste Fee (AB939 HHW Fee), as authorized
by Public Resources Code 41901, to be collected at $2.60 in FY 2012 on each ton of waste City of Saratoga
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 2 landfilled or incinerated within the county, received at any non-disposal or collection facility located within
the county and subsequently transported for disposal or incineration outside of the county, collected from any location within the county by a solid waste hauler operating pursuant to
a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the county, or removed from any location
in the county by any person or business for disposal or incineration outside the county. NOW, THEREFORE, CITY and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is
to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating
jurisdictions are those jurisdictions that enter into an AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 2. PROGRAM FUNDING SOURCE HHW Program services
are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The AB939
HHW Fee, $2.60 per ton in FY 2012, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services.
Funds derived from the AB939 HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households
in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic
Research Unit from their most Report, “Population Estimates for California Cities and Counties.” B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at nonprofit
charitable reuse organizations. The existing fund balance of approximately $95,000 from previous years will fund Abandoned Waste Disposal Costs for FY 2012. C. Variable Cost Per Car
to provide a base level service to 4% of households in all participating jurisdictions. The number of households is determined by the most recent “Population Estimates for California
Cities and Counties” Report as published by the California Department of Finance, Demographic Research Unit. D. Available Discretionary Funding funded on tonnage generated per participating
jurisdiction.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 3 The projected Fiscal Year 2012 AB939 HHW Fee funding allocation by jurisdiction is set out in Attachment A, attached
hereto and incorporated herein. 3. FIXED PROGRAM COST Fixed Program Costs shall be $1.85 for FY 2012. Estimated HHW Fixed Costs for FY 2012 are projected in Attachment B, attached hereto
and incorporated herein. Fixed Program Costs may include, but are not limited to eight (8) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office
supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit increases. 4. ABANDONED WASTE
DISPOSAL COST The existing unexpended non-profit abandoned waste fund balance of approximately $95,000, will fund disposal of HHW illegally abandoned at nonprofit charitable reuser organizations
as defined in Public Resources Code Section 41904. 5. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other
services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately
$67 per car for Fiscal Year 2012. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs are allocated on a per household basis, the Variable
Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in a particular jurisdiction,
the CoHHW Program will use the remaining balance of funds, in cooperation with the CITY that has less than 4% participation levels, to increase public outreach and/or provide additional
services in that jurisdiction the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion of the AB939 HHW Fee will be be allocated based on the
tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs and Variable Per Car Costs. Available Discretionary Funds will be paid as directed by each
jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served
in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services,
funding HHW public education, or providing special programs such as door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 4 7. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE The Santa Clara County Integrated Waste Management Program
(IWMP) will administer the AB939 HHW Fee, as part of the existing landfill billing system. Administration and payment will be made in accordance with the AGENCY AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5)
years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. CITY may request in writing a review by COUNTY of the
Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing. 8. PROGRAM PUBLICITY The CoHHW Program
shall have available to the public a HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events, community
fairs. The brochure will also be distributed, upon request, to cities within the County and to County residents and businesses. The CITY shall be responsible for developing and coordinating
citywide awareness of the HHW Program. The 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 communications to residents for local and city newsletters, newspapers and to the electronic media; Providing the CoHHW Program with a copy of locally produced materials;
and, Conducting and supporting outreach and publicity to attain the 4% goal of household participation.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5 9. DELEGATION OF AUTHORITY The Board of Supervisors delegates all CoHHW Program management to the Department of
Agriculture and Environmental Management. The Director of the Department of Agriculture and Environmental Management has the authority to execute all vendor contracts necessary to operate
the program, to execute any necessary license agreements, to add additional HHW services provided on a cost recovery basis, to amend any contracts or agreements, and to terminate any
contracts or agreements. All contracts, agreements, and amendments shall first be approved by County Counsel as to form and legality and the Office of the County Executive. 10. TEMPORARY
HHW EVENTS COUNTY shall conduct HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary HHW Events
and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly
receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. 11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY
shall conduct collection operations at the following two County Household Hazardous Waste Collection Facilities (CoHHWCF): Sunnyvale Recycling Center, 164 Carl Road, Sunnyvale, and 13055
Murphy Avenue, San Martin. The CoHHWCF will operate a reuse program, offering usable materials to the public at no charge. The COUNTY shall obtain all necessary permits and licenses
required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. 12. SMALL
BUSINESS RECYCLING AND DISPOSAL PROGRAM COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators (CESQG). A CESQG is defined by federal
regulation as a business that generates less than 100 Kilograms (220 lbs.) of hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month. Eligible businesses within
the County will be allowed to bring their hazardous waste to CoHHWCF. This program will not be subsidized by participating jurisdictions. Services to businesses will be provided on a
cost recovery basis, which will include program administration, on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for collecting fees from participating
businesses. The fees collected by the COUNTY are established in Attachment D, Santa Clara County CESQG Drop-off Price List. The COUNTY retains the discretion to change the Santa Clara
County CESQG Drop-off Price List at any time to reflect increases or decreases in CoHHW Program costs.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 6 13. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government
agencies and nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known
organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of
charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee. Government agencies shall be charged for disposal of abandoned
HHW according to the CoHHW Program's published rates for conditionally exempt small quantity generators (CESQGs). 14. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization
as established in Public Resources Code Section 41904, is a nonprofit as defined in Section Section 501(c) (3) of the United States Internal Revenue Code, or a distinct operating unit
or division of the charitable organization. A Nonprofit Charitable Reuser is further defined as an organization that reuses and recycles donated material and receives more than 50% of
its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the COUNTY Director of
Environmental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will
accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from
the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the cost for disposal of
the abandoned HHW from Nonprofit Charitable Reusers is equal to the available funds, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal
of abandoned HHW according to the CoHHW Program's published rates for CESQGs. No additional costs shall be applied to the budget of a participating jurisdiction. 15. HOUSEHOLD HAZARDOUS
WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to materials as defined in Health and Safety Code Section 25218.1(e), as amended from time to time, and include, but
are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, household cleaners, pool chemicals, mercury thermostats,
fluorescent lamps containing mercury, household batteries, e-waste and other common hazardous consumer products. 16. WASTES NOT ACCEPTED
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 7 Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited
to, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a
business, including a home operated business, except that waste from CESQGs as provided for in Section 12 of this Agreement shall be accepted. 17. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY may elect to augment funding provided for in this Agreement with CITY funds. Additional services shall be made available upon written agreement between the CITY's authorized representative
and the Director of the Department of Agriculture and Environmental Management. Additional services may include, but are not limited to, additional appointments (charged at the variable
cost per car rate), door-todoor HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. CITY agrees to augment
up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2012 for the purpose of increased resident participation above the 4% service level at the scheduled collection
dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated at the Variable Cost Per Car rate which is estimated at $67.00 per car. Other services
will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to pay for the above
agreed additional augmentation amount. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost
statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be
due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual
cost statement. 18. INFORMATION AND APPOINTMENT LINE COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m.
The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household
materials. CITY will be notified immediately when indicated resident participation approaches the 4% base level of service. 19. SCHEDULING AND SITE SELECTION COUNTY shall work with CITY
to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized
that some of the
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 8 jurisdictions participating in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule
for Fiscal Year 2012 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service
in each participating jurisdiction. The COUNTY determines the adequate number of collection days by tracking attendance at each event. 20. OUTSIDE FUNDING During the term of this agreement,
COUNTY will seek outside funding sources to begin services that would supplement existing services such as permanent collection sites, equipment, and operational funding. If funding
is obtained, the Program will, at COUNTY's discretion, proceed with development of additional programs without affecting CITY’s available funding allocation. 21. ELECTRONIC WASTE COLLECTION
The CoHHW Program will accept electronic waste (e-waste) from residents and businesses throughout the county. A contractor has been selected to perform services and shall reimburse the
County Pursuant to the Electronic Waste Recycling Act of 2003 (California State Senate Bill 20) and the Electronic Waste Recycling Act Amendments of 2004 (California State Senate Bill
50), contractor shall remit to COUNTY, recycling and disposal reimbursements for the electronic equipment designated under this Act that are collected by contractor on behalf of the
COUNTY. Any and all revenues generated by this service will be applied to lowering the Variable Cost Per Car for all cities and COUNTY. 22. REGIONAL GRANT PARTICIPATION The CoHHW Program
is hereby given permission by all participating jurisdictions to apply for future grants from the California Department of Resources Recycling and Recovery (CalRecycle). The CoHHW Program
will act on behalf of all participating jurisdictions, as the lead applicant and grant administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with
CITY as to how the funds will be spent. Nothing in this section shall preclude a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not
apply. 23. EMERGENCY SERVICES Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in
the event of a disaster. The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment
E sets out CITY and COUNTY responsibilities for the collection of 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
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 9 responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public
of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little
as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment E, Household Hazardous Waste Emergency
Collection Plan. COUNTY agrees to conduct the event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control
and will handle wastes in accordance with State law. COUNTY will bill CITY for all emergency events on a cost recovery basis and all payments shall be due COUNTY within thirty days following
the receipt of the invoice. 24. PRIVATE SPONSORED EVENTS COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents
of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident
employee participation in these events shall be shared by all participating jurisdictions and the COUNTY, as described in Section 28 of this Agreement. Summary information concerning
these corporate sponsored events will be included in the CoHHW Program's annual report to the participating jurisdictions. 25. INSURANCE REQUIREMENTS Contractors who provide hazardous
waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment F, Exhibit B-2D (revised) Insurance Requirements for Environmental Services
Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from
each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured. 26. WASTE TRACKING AND REPORTING COUNTY will provide a mid-year
report to CITY regarding participation rates from each participating jurisdiction by March 15, 2012. Mid-year and year end reports will outline the types and quantities of waste collected,
the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services. COUNTY will prepare a report summarizing
program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year. 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.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 10 COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary
to cover costs for CITY participation in services scheduled during the next quarter. COUNTY will make every effort to keep the Variable Cost Per Car at approximately $67. 27. PARTICIPATION
REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program. 28. HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding
the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred
by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each
of the other parties, their officers, board members, employees and agents, harmless from from any claim, expense or cost, damage or liability imposed for injury (as defined by Government
Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection
with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible
for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents,
under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's
apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste
has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household
participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the
event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal
facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require
the contractor to maintain the insurance requirements set forth in Section 25 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed
to the Countywide HHW Program for the transportation, 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
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 11 shall be shared by the cities and the county as described above. The nonresident portion shall be determined
by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to
assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned
share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted
by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household
hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted
from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. 29. TERMINATION This Agreement may be terminated by either the COUNTY
or CITY upon thirty (30) days written notice given by the terminating party. 30. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2011 to June 30, 2012, or until all
revenue from the last quarter's Fee payments has been distributed, whichever is later. 31. EXTENSION OF TERM This Agreement may be extended for succeeding one-year term if COUNTY and
participating jurisdictions so agree in writing. 32. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and
not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors
and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 33. EXECUTION BY COUNTERPART This Agreement may be executed
in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument.
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 12 34. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of
California. 35. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be
effective unless and until modification is evidenced by writing signed by all parities or their assigned designates. 36. NOTICES All notices and communications herein required shall
be in writing to the other party as follows, unless expressly changed in writing: CITY of ______________ City Representative ______________________ Representative's Title ______________________
City Address ______________________ ______________________ ______________________ Santa Clara County Director Department of Agriculture and Environmental Management 1553 Berger Drive
San Jose, CA 95112 Attachments: A Projected FY 2012 AB939 HHW Fee Funding Allocation by Jurisdiction B Estimated HHW Program Fixed Costs for FY 2012 C HHW Schedule of Collection Events
for FY 2012 D Santa Clara County CESQG Drop-off Price List E Household Hazardous Waste Emergency Collection Plan F Exhibit B-2D (revised) Insurance Requirements for Environmental Services
Contracts Saratoga Dave Anderson City Manager 13777 Fruitvale Avenue Saratoga, CA 95070
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 13 IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM on the dates as stated below: “COUNTY” “CITY” Signature: CITY OF _____________________, A municipal corporation By: Kevin O’Day Title: Director of the Department of Agriculture
and Environmental Management Date: Date: APPROVED AS TO FORM AND LEGALITY: APPROVED BY THE OFFICE OF THE COUNTY EXECUTIVE _____________________________ ________________________ Mark
Bernal Sylvia Gallegos Deputy County Counsel Deputy County Executive Date:_________________________ Date:______________________ Saratoga City Manager March 17, 2011
Attachment A: Projected FY 2012 AB 939 HHW Fee Funding Allocation by Jurisdiction Number of 4% of Total Tons of Waste Annual Fixed Cost Est Variable City Jurisdiction Households HHs
for AB939 Fee Revenue $1.85/HH Cost at Discretionary 6/1/2010 Share $2.60 $67/car Fund Campbell 16,989 680 27,643.8 $71,874 $31,430 $45,531 ($5,086) Cupertino 20,302 812 30,643.47 $79,673
$37,559 $54,409 ($12,295) Gilroy 14,891 596 34,692.78 $90,201 $27,548 $39,908 $22,745 Los Altos 10,887 435 18,636.07 $48,454 $20,141 $29,177 ($864) Los Altos Hills 3,151 126 2,029.80
$5,277 $5,829 $8,445 ($8,997) Los Gatos 12,989 520 18,181.90 $47,273 $24,030 $34,811 ($11,567) Milpitas 19,412 776 50,393.21 $131,022 $35,912 $52,024 $43,086 Monte Sereno 1,267 51 841.25
$2,187 $2,344 $3,396 ($3,552) Morgan Hill 12,977 519 26,628.54 $69,234 $24,007 $34,778 $10,448 Mountain View 33,840 1,354 54,737.97 $142,319 $62,604 $90,691 ($10,976) Palo Alto 28,445
1,138 54,483.74 $141,658 $76,233 $65,425 San Jose 314,309 12,572 566,186.94 $1,472,086 $581,472 $842,348 $48,266 Santa Clara 44,944 1,798 112,522.99 $292,560 $83,146 $120,450 $88,963
Saratoga 11,105 444 14,020.75 $36,454 $20,544 $29,761 ($13,852) Sunnyvale 55,782 2,231 88,768.14 $230,797 $103,197 $149,496 ($21,895) Unincorporated 28,218 1,129 39,378.60 $102,384 $52,203
$75,624 ($25,443) Countywide Totals 629,508 25,180 1,139,790 $2,963,454 $1,111,967 $1,687,081 $164,406 Fiscal Years 2012 at 4% of Households 14
FIXED COST FY 2012 Staff Salary And Benefits HMPM,Sr. HMS, .5 AMA, 3 HMT,Acct, Sr MA $846,225 County Admin Overhead 20% of Salary above $169,245 County Counsel $10,000 Phones and Communications
$10,000 Facilities Lease Costs Sunnyvale $30,000 Vehicle Lease Costs $28,000 Software License $5,000 Office Supplies and postage $6,000 Maintenance $5,000 Staff Training $2,500 ESTIMATED
ANNUAL TOTAL $1,111,970 ATTACHMENT B Estimated HHW Program Fixed Costs For Fiscal Year 2012 15
2011/Month Day Date Location Type of Event County Holidays/Notes July Saturday 2 No Event No Event FOURTH OF JULY Friday 8 San Martin Permanent Saturday 9 San Martin Permanent Saturday
16 Sunnyvale Permanent Saturday 23 San Jose Temporary Saturday 30 Santa Clara Temporary August Friday 5 San Martin Permanent Saturday 6 San Martin Permanent Saturday 13 San Jose Temporary
Saturday 20 Sunnyvale Permanent Friday 26 San Martin Permanent Saturday 27 San Martin Permanent September Saturday 3 No Event No Event SEPT 5/LABOR DAY Saturday 10 San Jose Temporary
Saturday 17 Sunnyvale Permanent Saturday 24 Santa Clara Temporary October Friday 30 San Martin Permanent Saturday 1 San Martin Permanent Saturday 8 No Event No Event OCT 10/COLUMBUS
DAY Saturday 15 Sunnyvale Permanent Saturday 22 San Jose Temporary Saturday 29 Cupertino Temporary November Friday 4 San Martin Permanent Saturday 5 San Martin Permanent Saturday 12
San Jose Temporary Saturday 19 Sunnyvale Permanent Saturday 26 No Event No Event THANKSGIVING December December Friday 2 San Martin Permanent Saturday 3 San Martin Permanent Friday 9
San Martin Permanent Saturday 10 San Martin Permanent Saturday 17 San Jose Temporary Saturday 24 No Event No Event CHRISTMAS 2012/Jan Saturday 31 No Event No Event NEW YEARS Friday 6
San Martin Permanent Saturday 7 San Martin Permanent Saturday 14 San Jose Temporary Saturday 21 Sunnyvale Permanent Saturday 28 Santa Clara Temporary ATTACHMENT C: HHW SCHEDULE OF COLLECTION
EVENTS FOR FISCAL YEAR 2012 16
2012/Month Day Date Location Type of Event County Holidays/Notes February Friday 3 San Martin Permanent Saturday 4 San Martin Permanent Friday 10 San Martin Permanent Saturday 11 San
Martin Permanent Saturday 18 Sunnyvale Permanent Saturday 25 San Jose Temporary March Friday 2 San Martin Permanent Saturday 3 San Martin Permanent Friday 9 San Martin Permanent Saturday
10 San Martin Permanent Saturday 17 Sunnyvale Permanent Saturday 24 San Jose Temporary Saturday 31 No Event No Event CESAR CHAVEZ DAY April Friday 6 San Martin Permanent Saturday 7 San
Martin Permanent Saturday 14 Los Altos Temporary Saturday 21 Sunnyvale Permanent Saturday 28 Santa Clara Temporary May Friday 4 San Martin Permanent Saturday 5 San Martin Permanent Saturday
12 San Jose Temporary Saturday 19 Sunnyvale Permanent Saturday 26 No Event No Event MAY 28/MEMORIAL DAY June Friday 1 San Martin Permanent Saturday 2 San Martin Permanent Friday 8 San
Martin Permanent Saturday 9 San Martin Permanent Saturday 16 Sunnyvale Permanent Saturday 23 San Jose Temporary Saturday 30 Milpitas Temporary *SUBJECT TO CHANGE 11/3/2010 ATTACHMENT
C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2012-continued 17
Attachment D: SANTA CLARA COUNTY CESQG DROP-OFF PRICE LIST MOTOR OIL FREE ANTIFREEZE, TRANSMISSION FLUID, HYDRAULIC FLUID $3.00/GAL CAR BATTERIES $5.00 EACH PCB BALLASTS (MOST TODAY
ARE NON-PCB-->GOES TO E-WASTE RECYCLER) $2.00/LB MIXED BATTERIES (Li-Ion batteries must be taped) AEROSOL CANS $1.25 EACH POURABLE LIQUIDS: ALCOHOLS, SOLVENTS, GASOLINE, ACETONE, MEK,
$7.OO/GAL KEROSENE, DIESEL, CLEAN PAINT THINNER (SLUDGE FREE) CHARGED BY LIQUID AMOUNT (BULKED) $8.00/GAL CHARGED BY CONTAINER, REGARDLESS OF AMOUNT OF PAINT $2/QUART CONTAINER POURABLE
LIQUIDS WITH SOLIDS: INK (LIQUID), FLUX, OIL & WATER, $10/GAL DIRTY PAINT THINNER (W/SLUDGE), MACHINE OIL, COMPRESSOR OIL CHARGED BY LIQUID AMOUNT $10.00/GAL CHARGED BY CONTAINER, REGARDLESS
OF AMOUNT OF PAINT $2/QUART CONTAINER ADHESIVES, ROOFING TAR, SLUDGES/SOLIDS, GREASE, EPOXY PART A (RESIN), $2/QUART CONTAINER INK(POWDERED), EPOXY, RESINS $10/1 GAL CONTAINER CONTAINER
CHARGE, PRICE REGARDLESS OF AMOUNT OF MATERIAL $50/5 GAL CONTAINER LAB CHEMICALS, POISONS, BASES, ACIDS, NON-CORROSIVE AQUEOUS SOLUTIONS, $20/1 GAL CONTAINER, GLUTARALDEHYDE, PHOTOCHEMICALS,
NEUTRAL CLEANERS, $100/5 GAL CONTAINER, COMPATIBLE MIXTURES, AMMONIA, ACIDS, BASES, METALS (LIQUID OR SOLID), OIL (LIQUID) OR FILTERS, ABSORBENT, CONTAMINATED SOIL, CHLORINATED LIQUIDS,
REFRIG. OIL, $2/LB (SOLID) FREON, COLD STERILE, VAPO STERILE, CONTAMINATED OIL, DEGREASER, EPOXY PART B (HARDENER), MERCURY WASTE, ASBESTOS, ETC CONTAINER CHARGE, PRICE REGARDLESS OF
AMOUNT OF MATERIAL PAINT RELATED MATERIALS (OILY RAGS, FLAM LIQUIDS SMALLER THAN 1 GALLON,ETC) $10/GAL CONTAINER PROPANE TANKS 16.4 OZ/$5 OR 5 GAL/$10 EA TREATED WOOD REFER TO LANDFILLS
PAINT CHIPS $11.55/GAL FLUORESCENT TUBES + MUST BE BOXED AND LABELED SODIUM & HID BULBS + MUST BE BOXED AND LABELED COMPACT FLUORESCENT BULBS (U, Circ, CFL) FIRE EXTINGUISHERS $10 SMALL
& $20 LARGE FIXER & DEVELOPER + DO NOT MIX $15/GAL CONTAINER MINIMUM CHARGE FOR ANY DROP-OFF regardless of type or quantity of waste $40.00 HOURLY OFFICE/SITE FEE (PER HOUR WHEN APPLICABLE)
$40.00/HR. PRICES AS OF 3/13/2009. PRICES SUBJECT TO CHANGE. FOR QUESTIONS PLEASE CALL (408) 299-7300. $2/LB DESCRIPTION OF WASTES ESTIMATE COST FLAMABLE LIQUIDS W/SOLIDS LATEX/WATERBASED
OIL BASE PAINT HAZARD CATEGORY RECYCLE AEROSOL FLAMABLE LIQUID W/O SOLIDS + MUST BE BOXED AND LABELED LAB PACK PRM LATEX PAINT $0.15/FT OTHER $2 EA $1.50 EA LAB PACK 18
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Attachment E HOUSEHOLD HAZARDOUS WASTE EMERGENCY COLLECTION PLAN 1: PURPOSE The purpose of the Household
Hazardous Waste Emergency plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment
describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by
the local jurisdiction. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC)
for more specific information on hazardous materials emergency response. 2. Timing of HHW While it is important to have special collection opportunities for disaster-related HHW as soon
as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service service too soon after a disaster may result in low participation. Sufficient
public notification, assessment and monitoring of the disaster, and cleanup process by the City HHW Coordinators is essential. 3. Public Information/Notification Cities should be prepared
to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency
collection event, it is the City’s responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City’s public outreach program should
evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door -to-door notices, roadside signs, signs on dumpsters, radio public service announcements,
and television public access stations. Be aware of communities where multiple language ads will be necessary. 4. State HHW Collection Permits The State Department of Toxic Substances
Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit, for special
collection of household hazardous waste, from DTSC through their expedited approval process. 19
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 5. Collection Events Temporary collection events can be set-up at various sites including parking lots, city
maintenance yards, neighborhoods needing service, and at landfills or a centralized location to service larger segments of the population. Waste collected can be transported with the
HHW Program’s hazardous waste transportation vehicle. In additional, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).
The following options are available to each participating City. Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household
hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event,
waste will be transported by County staff or a hazardous waste contractor to an appropriate facility. Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event
(Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall
obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County
shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events.
CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies
to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF. The CoHHWCF are located at: Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale
San Martin, 13055 Murphy Ave, San Martin 6. Costs, Documentation, and Reimbursements Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and
billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment
to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The County agrees to provide the City with a detailed
accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste
collected to demonstrate that the wastes were generated above and beyond existing collection programs. 20
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Services to businesses will be provided on a cost recovery basis and according to Attachment D of the AGENCY
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will
assume responsibility for collecting fees from participating businesses. 7. State and Federal Assistance and Funds It is the city’s responsibility to pursue reimbursement from State
or Federal agencies. State Office of Emergency Services (OES) The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of
the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local
jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES. Follow
Standardized Emergency Management System (SEMS) All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding
available for hazardous waste response and collection. Federal Assistance If a state disaster area is declared a federal disaster, then federal funding assistance may be available through
the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages
and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures
and wording of requests for assistance. Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional
FEMA reimbursement process, or by direct assistance from EPA. REFERENCES California Integrated Waste Management Board, Integrated Waste Management Disaster Plan: Guidance for local government
on disaster debris management, January 1997. 21
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM Emergency Planning Contacts and Personnel Primary County Contact: County of Santa Clara Department of Environmental
Health Household Hazardous Waste Program Rob D’Arcy Hazardous Materials Program Manager 408-918-1967 Responsibility: Coordinate and establish proper collection and disposal methods for
household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations. Information and Public Affairs 2800 Meadowview Road Sacramento,
CA 95832 916/262-1843 916/262-1841 (voice/TDD) OES -Coastal Region 1300 Clay Street, Suite 400 Oakland, CA 94612 510/286-0895 510/286-0877 (voice/TDD) CHEMTREC Emergency number (800)
424-9300 Non-emergency (800) 262-8200 Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate
emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety
specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals. 22
EXHIBIT B-2D (revised) Rev. 4/2002 1 INSURANCE REQUIREMENTS FOR ENVIRONMENTAL SERVICES CONTRACTS (Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury
or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused
by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the
County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated
to indemnify, defend and hold harmless the County under this Agreement. Insurance Without limiting limiting the Contractor's indemnification of the County, the Contractor shall provide
and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior
to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed
by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification
of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until
it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than
A-V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. Attachment F 23
EXHIBIT B-2D (revised) Rev. 4/2002 2 C. Notice of Cancellation All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance
requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1. Commercial
General Liability Insurance -for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence -$1,000,000 b. General aggregate -$2,000,000
c. Products/Completed Operations aggregate -$2,000,000 d. Personal Injury -$1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c.
Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional
Insured Endorsement, which shall read: “County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County
of Santa Clara, individually and collectively, as additional insureds.” Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance
maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may
also be added to the 24
EXHIBIT B-2D (revised) Rev. 4/2002 3 additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements. 4. Automobile
Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence
applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous
materials/wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement)
For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable
to all owned, non-owned and hired aircraft/watercraft. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad
form all-states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 6. Contractors Pollution Liability Insurance or Pollution
Errors and Omissions Liability Insurance Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal
injury, property damage and cleanup costs both on and offsite. 7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such
as through a professional engineer, registered geologist, etc.) a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate. b. If coverage
contains a deductible or self-retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence/event. 25
EXHIBIT B-2D (revised) Rev. 4/2002 4 c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement. 8. Claims Made
Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that:
a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting
of circumstances or incidents that might give rise to future claims. E. Special Provisions The following provisions shall apply to this Agreement: 1. The foregoing requirements as to
the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and
shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning
indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this
shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial
capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions. 3. Should any of the work under
this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its
own policies. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. F. Fidelity
Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that
all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or 26
EXHIBIT B-2D (revised) Rev. 4/2002 5 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. 27