Gilroy City Council
May 20, 2024

CERTIFICATE OF THE CLERK
I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, May 20, 2024, with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this May 20, 2024.
____________________________________
Beth Minor
Interim City Clerk of the City of Gilroy
(Seal)

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City of Gilroy

STAFF REPORT
Agenda Item Title: Fiscal Year 2024 Third Quarter Departmental Workplan Update
Meeting Date: May 20, 2024
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Bryce Atkins, Assistant to the City Administrator Prepared By: Bryce Atkins, Assistant to the City Administrator STRATEGIC PLAN GOALS Ensure Neighborhood Equity from City Services Develop a Financially Resilient Organization
Promote Economic Development Activities
Promote Safe Affordable Housing for All
Maintain and Improve City Infrastructure

RECOMMENDATION
Council receive the report.

BACKGROUND
At the June 5, 2023 regular meeting, the City Council adopted the FY24 and FY25 operating budgets. As part of that process, the workplans for the various departments of the City were also presented and adopted by the City Council. At the February 26, 2024 regular meeting of the City Council, an update on the status of those workplans was provided. This report is intended to provide an update on those workplan items since the previous report was provided.

ANALYSIS
Categories
• Mandated (13 workplan items)
These items are those imposed by regulation, law, or compliance requirement that the City has no discretion to avoid or defer.
• Core (31 workplan items)

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Fiscal Year 2024 Third Quarter Departmental Workplan Update City of Gilroy City Council Page 2 of 4 May 20, 2024
Core items represent a fundamental aspect of the department’s purpose. It is what we do as a City, vital but not mandated.
• Discretionary (19 workplan items)
As its name implies, discretionary items are those that are provided by the City for the public good, and is usually Council and/or community driven, but not mandated nor an expected core service of the City.

Figure 1 – Departmental Workplan Items at Adoption
Department Mandated Core Discretionary Total
Administration 0 4 8 12
Administrative Services 0 5 0 5
Community Development 6 6 6 18
Finance 3 4 0 7
IT 1 5 0 6
Fire 0 4 0 4
Police 1 2 6 9
Public Works 3 1 3 7
Total 14 31 23 68
Difference from Previous Report +1 0 +4 +5
As can be seen above, the total amount of continuing workplan items increased by five from the original 63 items. These increases have been in Community Development and Public Works, related to the recommendations from the Downtown Committee to the City Council, as well as a new mandated task in Community Development.

Work across the various workplan items have reached various levels of completion. The update table attached to this staff report also identifies what the status of each item is.

Below in Figure 2, the table identifies the number of workplan items that are in each status.

Figure 2 – Departmental Workplan Item Status Summary
Department Pending Underway Completed Cancelled
Administration 3 5 3 1
Administrative Services 1 4 0 0
Community Development 9 6 3 0
Finance 1 3 2 1
IT 1 3 2 0
Fire 0 3 1 0
Police 1 4 4 0

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Fiscal Year 2024 Third Quarter Departmental Workplan Update City of Gilroy City Council Page 3 of 4 May 20, 2024
Department Pending Underway Completed Cancelled
Public Works 0 6 1 0
Total 16 34 16 2
Share of Total 24% 50% 24% 3%
Overall, nearly a quarter of the number of items on the workplan have been completed to-date, even with the increase in the number of workplan items. Half of the total workplan items are underway, and a little less than a quarter of the items are pending.

Council Initiated Items
Since the adoption of the departmental workplans, the City Council has added 16 Council-initiated agenda items. These items range in labor hour consumption from a few hours to many days and weeks’ worth of labor hours. Below is the list of the items that have been added during this fiscal year to-date:

1. Report on Security, Safety, and Parking at Las Animas Park

2. JEDI Policy Consultant Update

3. Smoking Prohibition Ordinance Implementation

4. Sidewalk Vending Ordinance

5. Naming the Downtown Pop-Up Park after Donald “Elvis“ Prieto (introduction and discussion) and final approval staff report

6. Gilroy Garlic Festival Memorial Improvements

7. Council-Initiated Agenda Item Policy

8. Downtown Parklet Program

9. Downtown Plywood Storefront Ordinance

10.Downtown Vacancy Ordinance

11.Downtown Noise Ordinance

12.Downtown Beautification

13.Discussion on Rules of Conduct/Hybrid Meetings
Added Since Prior Report

14.Consideration of a Ceasefire Resolution

15.Resolution Proclaiming April 2024 as Arts, Culture and Creativity Month

16.Downtown Code Enforcement Recommendations
These three additions increase the total Council-Initiated items to 16 total additions, and increased the total number of tasks to 25% above the original number of workplan items.

Community Development and Public Works Departments’ Workplans The Community Development Department presented a report at the May 6, 2024 regular meeting on their workplan update. The workplan pages for Community Development that is attached to this staff report is the updated page from that May 6 th meeting’s table. Additionally, Public Works will be coming before the Council in June with an update on their workplan as well.

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Fiscal Year 2024 Third Quarter Departmental Workplan Update City of Gilroy City Council Page 4 of 4 May 20, 2024

ALTERNATIVES
None, this is an informational item.

FISCAL IMPACT/FUNDING SOURCE
None, this is an informational item.

PUBLIC OUTREACH
This report was included on the publicly posted agenda for tonight’s meeting.

NEXT STEPS
None. Should Council determine to provide feedback or direction, staff will receive the information and return to Council should more structured discussion on the item be required.

Attachments:

1. Department Workplan Update Tables

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Fiscal Year 2024 and 2025 Departmental Work Plan
Administration Workplan Item Category Estimated Completion Status Update 1 Develop City Logo Policy Core FY25 - Q4 Underway Work has commenced on this project. Anticipated completion in June of 2025, if not before. 2 Complete the Emergency Operations Center (EOC) Operations Plan Core FY24 - Q4 Underway Draft document under review. Review and comment period ends in June and draft document based on stakeholder feedback to be finalized in July. Final draft to be ready for council by August. 3 Develop a Justice, Equity, Diversity and Inclusion (JEDI) Policy Core FY25 - Q2 Underway The initiative is in progress. The JEDI Plan should be completed and ready for implementation by December 31, 2024.
4 Recreational Facility Needs Assessment Implementation Core FY25 - Q4 Pending Project is budgeted to take place in FY25. RFP under development. Anticipate entering into agreement at the beginning of the fiscal year.
7 Downtown Strategic Plan Update Discretionary FY25 - Q4 Pending This will be a cooperative project between Community Development and Economic Development.

This project is budgeted and planned to commence in FY25. 8 Pursue Opportunities for an Assessment District Discretionary FY25 - Q2 Underway Staff has developed a draft plan and preliminary petition. To date, not enough support currently exists to support the ballot for the district to form. Work to gather input from more potential district members is underway, including support from the Gilroy Chamber of Commerce. 9 Planning for a Community/Youth Center/Civic Center Master Plan Discretionary FY25 - Q4 Pending Project is budgeted to take place in FY25. RFP under development. Anticipate entering into an agreement at the beginning of the fiscal year.

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Fiscal Year 2024 and 2025 Departmental Work Plan
Administrative Services Workplan Item Category Estimated Completion Status Update 1 Transition Fleet from Paper to Electronic Work Orders/Documentation Core FY 25 - Q2 Underway The fleet team is in the process of transitioning to electronic work order documentation over hard copy paper records. Purchase of computer equipment for fleet shop underway. 2 Performance Management System Update Core
FY 25 - Q4 Underway Initial review of professional development plan templates underway as of April, 2024. 3 Evaluate Possible Transition to Biweekly Payroll Core FY 25 - Q3 Underway Initial review underway; evaluating TM HCM system; beginning to develop action task list. 4 Update Human Resources Rules and Regulations Core
FY 25 - Q2 Underway Personnel Commission completed training on January 22, 2024; legal review completed as of April, 2024; staff review to begin May, 2024.
5 Update the City's Employer-Employee Relations Resolution to Incorporate State Laws
Core FY 25 - Q3 Pending Project has not yet started.

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Fiscal Year 2024 and 2025 Departmental Work Plan
Community Development Workplan Item Category Estimated Completion Status Update 1 Climate Action Benchmarks Mandated Depending on grant No later than FY27 - Q4 Pending
The Climate Action Plan is combined with VMT/TDM policies. Staff submitted a grant application in January 2024. Applicants will be notified in the summer of 2024. If grant is not awarded, the $400,000 budget will be carried forward to FY25 so staff can issue the RFP to begin work. A project timeline will be provided after grant applicants are notified. 15 Develop ADU Pre-Reviewed Plans Program Mandated FY25 - Q2 Pending AB 1332 mandates that local agencies, by January 1, 2025, establish a pre-reviewed approval program for ADU plans and maintain a webpage with pre-reviewed plans. AB 1332 aims to expedite the approval process for ADU plans and mandates a 30-day review period for pre-reviewed ADU plans.

ADU plans will need to be updated every code cycle to comply with current building codes. 6 Update Zoning Code and Zoning Map (including noise impacting residential properties and drive-throughs near residential areas) Core FY25 - Q3 Underway Project has been reassigned due to staff retirement. Initial recommendations are estimated to be scheduled for review by the Planning Commission and City Council at joint study sessions in summer 2024.
-- Drive-Throughs Near Residential Areas See Zoning
Code See Zoning Code Underway Regulations for drive-throughs will be developed as part of the comprehensive Zoning Code update. 7 Develop Vehicle Miles Traveled (VMT) Policy Core See Climate Action Pending See Climate Action update. 8 Develop Transportation Demand Management (TDM) Policy Core See Climate Action Pending See Climate Action update. 9 Partner with the County on 8th and Alexander Affordable Housing Development Core Estimated FY28 Underway
Staff has provided input to the County. Draft documents related to the County's Request for Offers process are pending. County will issue a Request for Offers to invite developers to respond and submit proposals.
10 Inclusionary Housing Policy/Ordinance Core FY25 - Q3 Underway Inclusionary housing introduction was presented to the City Council in November 2023. A community workshop was held in November 2023. Consultant and staff are completing analysis and initial recommendations which will be presented to City Council in summer 2024. 11 Conduct Community Development Focused Fee Study Core FY25 - Q4 Pending Work will begin when resources become sufficient, anticipating in FY 25. Staff will conduct fee studies focused on each development services function to fully account for staff time and costs since fee updates have yet to achieve cost recovery. A fee schedule will be developed accordingly.

Council Added 1 Smoking Prohibition Ordinance Implementation Discretionary FY25 - Q1 Underway Staff from several departments collaborated to create a webpage with forms, handouts, signage template, and utility bill insert. Code Enforcement team has been implementing the ordinance through identifying, notifying, and working with 552 properties. As of April 26, 2024, 460 properties met ordinance requirements and 92 properties have yet to comply. Over 640 interactions have occurred with individuals regarding the ordinance. Implementation, community education, and enforcement will continue.

Council Added 3 Downtown Parklet Program Discretionary
FY24 - Q3 for Permits and
Initial Direction on
Program Development
(by Community
Development and
Economic Development)
FY24 - Q4 for Program
Development (by
Downtown Committee)
FY25 - Q3 for Program
Implementation (by
Community
Development)
Underway
The City Council provided direction between August 2023 and February 2024 regarding the temporary program, existing parklet permits, parklet interest survey, and pursuance of a formal program.

The workplan item was originally transitioned to Economic Development and was planned to begin after adoption of the Downtown Parking Management Plan. In January 2024, Council directed Downtown Committee to research and develop a downtown parklet program.

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Fiscal Year 2024 and 2025 Departmental Work Plan
Community Development Workplan Item Category Estimated Completion Status Update Council Added 4 Downtown Plywood Storefront Ordinance Discretionary FY25 - Q4 Pending City Council received Downtown Committee Plywood Removal Subcommittee report on January 8, 2024 and directed staff to create an ordinance incorporating the Downtown Committee's recommendations for managing plywood-covered storefronts in downtown.

Council Added 5 Downtown Vacancy Ordinance Discretionary FY25 - Q4 Pending City Council received Downtown Committee Vacancy Ordinance Subcommittee report on January 8, 2024 and directed staff to create a vacancy ordinance for downtown incorporating the Downtown Committee's recommendations.
12 Safe Parking Policy Discretionary FY25 - Q4 Pending Development of a safe parking program is estimated to be conducted in FY2024-25.

Council Added 6 Downtown Noise Ordinance Discretionary FY25 - Q3 Pending City Council received Downtown Committee Noise Ordinance Subcommittee report on January 22, 2024 and directed staff to create a noise ordinance for downtown incorporating the Downtown Committee's recommendations.

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Fiscal Year 2024 and 2025 Departmental Work Plan
Finance Workplan Item Category Estimated Completion Status Update 2 Other Post Employment Benefits (OPEB) Actuarial Valuation/Study Mandated FY25 - Q1 Underway Work has commenced in FY24Q4 and will be completed by FY25Q1. 3 Implementation of GASB Statement. 101 - Compensated Absences Mandated FY25 - Q4 Pending Work will commence during second half of the Fiscal Year 2025 and be included as part of the annual financial audit and audited statements preparation.
5 Utility Customer Water Usage Reports and Portal Core FY25 - Q2 Underway A Request-for-Proposal (RFP) will be issued in FY24 - Q4, with contract award by August 2024, followed by implementation through the remainder of calendar year 2024. 7 Transient Occupancy Tax Compliance Review Core FY25 - Q4 Underway RFP has been issued. Contract award is expected in June 2024 with implementation of services through FY25.

Information Technology Workplan Item Category Estimated Completion Status Update 1 Upgrade Enterprise Resource Planning System to Latest Version Mandated FY24 - Q4 Complete The upgrade was complete and systems went live on April 1st as planned. Item will be relocated to Complete list at next report.
3 Implement Cybersecurity Assessment Recommendations Core FY25 - Q4 Underway Certain recommendations have been implemented. IT Division has successfully filled the Network Administrator position, and implementation of the remaining recommendations has commenced. 4 Develop Information Technology Asset Lifecycle Plan/Policy Core FY24 - Q4 Underway Policy has been drafted. It is pending IT Steering Committee review and approval. 5 Internet Capacity and Redundancy Upgrades Core FY25 - Q3 Underway Internet capacity upgrades are complete. Internet redundancy planning has commenced. 6 Develop a GIS Program Roadmap/Strategic Plan Core FY25 - Q4 Pending This project will commence in FY25 upon completing the migration of the GIS services in-house, expected by June 2024.
1) Governmental Accounting Standards Board

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Fiscal Year 2024 and 2025 Departmental Work Plan
Fire Workplan Item Category Estimated Completion Status Update 1 Develop and Implement the Santa Teresa Temporary/Permanent Fire Station
Core FY24 - Q4 Underway
Improvements to the TEEC are underway. Station Alerting equipment has been installed, and the full system will be completed in June/July 2024. Perimeter fencing plans were approved, and a permit was issued on 5/3/24. The contractor is preparing for the fencing installation with a June/July 2024 completion estimate.
3 Develop and Implement a Plan for Over the Air Mapping Core FY24 - Q4 Underway The new RMS system will go live in May/June 2024 and this feature is part of this new system. 4 Improve RMS Incident Data Reporting Core FY24 - Q4 Underway The new RMS system will go live in May/June 2024. Once the program goes live, the department will work with the vendor to implement the advanced reporting features.

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Fiscal Year 2024 and 2025 Departmental Work Plan
Police Workplan Item Category Estimated Completion Status Update 2 Public Safety/Mental Health Response Team Core 2025-Q1 Underway A no-cost MOU with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) Justice and Mental Health Collaboration Program is underway. The clinician will be housed at the PD and staff will use best practices for keeping measures by utilizing the RIMS (Records/CAD) system.

Fiscal uncertainty at the county level may cause a delay in finalizing the MOU. 4/23/24: The County interviewed three candidates for a clinician position. PD and County are in the process of formalizing a MOU and a presentation is scheduled for the June 17, 2024 City Council meeting.
3 Employee Wellness & Resiliency Program Core 2025-Q2 Underway State funding of $43,000 was received in February 2023 and funds are being expended to expand the peer support program and initiatives. Gilroy was selected by the University of San Diego and POST as a model to develop a wellness and resiliency program for other law enforcement agencies. 4/23/24: Staff are scheduled to attend a 40-hour Organizational Wellness Coordinator certificate course funded by UC San Diego Centers for Integrative Health. 7 Develop the Police Department's Three-Year Strategic Plan Discretionary 2025-Q2 Underway This project is in progress and pending the onboarding of the Department's Community Engagement Coordinator. This project will be one of their first year's goals. 4/17/24: CEC interviews took place with a second round interviews scheduled for May 2024. 8 Develop a Department Succession Plan Discretionary 2025-Q1 Underway In concert with the mentorship program, a formalized succession plan is being used to develop staff for promotional opportunities to the supervision ranks for Corporal, Sergeant, Captain and Chief of Police and specialized units of Traffic, Anti-Crime Team and Investigations.

April 2024: Assessment interviews were with final selection for Sergeant and Corporal vacancies finalized by May.
9 Promote Neighborhood Watch Program (NWP) Discretionary 2025-Q3 Pending The Department continues to recruit for vacant positions and hopes to onboard a Community Engagement Coordinator to implement a NWP. In the meantime, staff communicates to the public the steps to take to enhance community safety through social media platforms, community engagement and presentations.

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Fiscal Year 2024 and 2025 Departmental Work Plan
Public Works Workplan Item Category Estimated Completion Status Update 1 Implement State Mandate for City-wide Storm Drain Trash Capture Prog Mandated 35% by 2026 Underway The City was mapped and trash capture plan was identified. City crew are evaluating field conditions prior to issuing an RFP in September for devices installation. 2 SB1383 Solid Waste Reporting and Enforcement Implementation Mandated FY25 - Q4 Underway The City has not yet determined its enforcement policy. Work is continuing on developing this program and implementing SB 1383 requirements. The Environmental Program Manager position was posted, who will lead this program.
3 Implement State Water Conservation Measures Mandated Ongoing Underway This program is ongoing. 5 Implement Strategies from the Public Works Department Evaluation Discretionary FY25 - Q4 Underway The City has hired a new Utilities Department Director, and is pursuing additional position recruitments. Utilities and Public Works are collaborating on the transition, and taking on elements of the evaluation recommendations respective to each department. 6 Explore a Transit First Policy Discretionary TBD Underway Research is underway. Staff has also been teaming with VTA on various projects and funding opportunities.
7 Complete 10th Street Bridge Project Environmental Clearance Mandated FY25 - Q4 Underway Coordination with consultants is underway. Bridge overcrossing the Uvas Creek is in the PS&E/design phase, and bridge overcrossing US 101 is in the PA&ED/environmental phase.

Council
Added 1 Downtown Beautification Discretionary Ongoing Underway The Downtown Beautification Fund (Fund 487) is currently being used for funding construction of the Gourmet Alley Improvements Project which will be reimbursed by the Clean California Local Grant Program fund awarded to the City.

City Council also received the Downtown Committee - Downtown Beautification Subcommittee report on January 22, 2024 and recommended staff to carry out capital projects, maintenance, and marketing programs incorporating the Downtown Committee's recommendations. Multiple departments will be involved to achieve these recommendations, financial assessment is yet to be carried out.

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City of Gilroy

STAFF REPORT
Agenda Item Title: Authorization for the City Administrator to Execute the Countywide AB 939 Implementation Fee
Agreement and the Countywide Household
Hazardous Waste (HHW) Collection Agreement
Meeting Date: May 20, 2024
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted By: Heba El-Guindy, Public Works Director
Prepared By: Tanya Carothers, Program Representative
STRATEGIC PLAN GOALS Not Applicable

RECOMMENDATION
Receive report and provide authorization for the City Administrator to execute the Countywide AB 939 Fee Agreement and the Countywide Household Hazardous Waste (HHW) Collection Agreement.

EXECUTIVE SUMMARY
For well over 20 years, Santa Clara County has collected a fee to offset each jurisdiction’s solid waste management and HHW management expenses. The Countywide AB 939 Fee Agreement is typically approved by City Council once every three years and the agreement currently in place was approved in 2021.

Additionally, for decades the City has met its obligation to provide for HHW management by participating in the Countywide HHW Collection Program. The Countywide HHW Agreement currently in place was approved by the City Council in 2021 and was amended in 2022 and 2023 to reflect the annually updated HHW Program augmentation amount and collection dates/times. City Council has historically acted annually on either an HHW Agreement or on the annual amendments.

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City of Gilroy City Council Page 2 of 4 April 15, 2024 1 6 The sole purpose of this item is to approve the City’s execution of the new three-year Countywide AB 939 Fee Agreement and the Countywide HHW Collection Agreement in order to continue participating in these countywide programs.

BACKGROUND
Countywide AB 939 Fee Agreement
Named after the State bill that required all jurisdictions to establish recycling programs, the Countywide AB 939 Fee is collected at waste transfer and disposal facilities by facility operators and remitted to the County quarterly. In order for the fee to be practically enforced, every jurisdiction in the County must approve the same agreement.

The AB 939 Fee has two components. The first component, the Program Fee of $1.50 per ton, is charged to assist in funding integrated waste management activities. The County transfers Program Fee revenues to each jurisdiction quarterly based on the waste tonnage emanating from the jurisdiction. The second component, the HHW Fee of $2.60 per ton, is held by the County and used to directly offset the HHW program costs associated with the use of the program by each jurisdiction’s residents. If HHW Fee revenues exceed a jurisdiction’s HHW program costs at the end of the fiscal year, the remaining funds are transferred to the jurisdictions to be used to promote or support HHW management costs.

Countywide HHW Collection Agreement
The popular HHW Program provides City residents with the opportunity to participate in several collection events each month. The permanent collection center in San Martin has improved the convenience associated with these services. Over 850 Gilroy households participated in collection events in FY 22/23. In FY 23/24 and FY 24/25, it is estimated that over 1,000 and 1,100 households will participate in the program, respectively.

ANALYSIS
The Countywide HHW Collection Program Agreement includes a base assumption that 4% of each jurisdiction’s households will participate in the program annually. Typically, Gilroy resident participation in the HHW Collection Program has been more than 4%; therefore, an augmentation of the 4% base assumption must be specified in Section 16 of the HHW Agreement. For 2024-2025, an augmentation of $27,110 is recommended to ensure that all Gilroy residents desiring to participate in the program will be allowed to do so. As discussed below in the fiscal impact section, it is likely that the actual program costs will be completely offset by the revenues collected as part of the Countywide AB 939 Fee.

ALTERNATIVES

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City of Gilroy City Council Page 3 of 4 April 15, 2024 1 6 The Council could decide to not approve the HHW Collection Agreement and direct staff to further evaluate the provision of these services. There is not a viable alternative to approving the AB 939 Fee Agreement as this is a single countywide agreement that must be approved by every jurisdiction in the County.

FISCAL IMPACT/FUNDING SOURCE
Countywide AB 939 Fee Revenues
AB 939 Program Fee revenues of approximately $90,900 are anticipated for FY 24/25.

Countywide HHW Collection Revenues
It is estimated that providing HHW collection services to Gilroy residents participating in the County program will cost approximately $151,804 in FY 24/25 for 4% base participation. Since the HHW Fee revenues credited to Gilroy for this purpose will total approximately $157,558, a small surplus of $5,754 will likely be generated and can be used to offset the recommended $27,110 augmentation to increase City participation beyond 4%.

Fees collected and actual participation in HHW can vary from year to year. The trend for the past six years, as shown in the chart below, has been that discretionary HHW funds collected have been enough to cover costs for actual participation in the program. If City participation is lower than anticipated, any additional HHW Fee revenues remaining in the City’s credit with the County, will be refunded to the City for use in promoting the program. In the event that participation in the HHW Collection Program exceeds expectations, staff will return to the Council to request an additional augmentation and appropriation if necessary.

A six-year chart with historical data from 2017 onward, displaying the Discretionary Funds from HHW Fees relative to their reimbursement amounts, is listed here:

Year Recommended
Augmentation
Actual
Augmentation
Discretionary
Funds from
HHW Fees
Gilroy
Reimbursement
FY 2022/23 $31,542 $7,410.06 $43,365.58 $35,955.52
FY 2021/22 $23,027 $15,785.82 $34,952.79 $19,166.98
FY 2020/21 $15,294 $18,179.88 $80,340.33 $62,160.46
FY 2019/20 $15,294 $1,812.05 $66,506.97 $64,694.92
FY 2018/19 $15,294 $9,240.44 $70,051.57 $60,811.13
FY 2017/18 $5,000 $6,052.36 $71,915.48 $66,915.48
It should be noted that while the HHW Agreement specifies that an interim payment of 50% of the recommended augmentation amount of $27,110 will be due at the beginning of FY 24/25, the County HHW Program staff and the City of Gilroy agreed that the first interim payment by Gilroy would be due in FY 25/26. This is to allow budget planning by

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City of Gilroy City Council Page 4 of 4 April 15, 2024 1 6 the City since the interim payment is a new element to the HHW Program that was not previously anticipated.

PUBLIC OUTREACH
The recommended action is an extension of a long-standing program with no changes proposed so no engagement activities were conducted prior to presenting the amendment for City Council consideration. Should the HHW Agreement be approved, staff will continue to inform the public about the availability of the County program.

NEXT STEPS
The City Administrator will execute the Countywide AB 939 Fee Agreement and the Countywide HHW Collection Agreement if approved.

Attachments:

1. Countywide AB 939 Implementation Fee Agreement FY25-FY27

2. Countywide HHW Program Agreement FY25-FY27

3. Interim Payment Schedule Deferment Request

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Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027

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 José, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 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

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Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027

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 NonDisposal 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.

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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, selfinsurance 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.

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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 nondisposal 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

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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.
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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
Contact:

Title:

Address:

County of Santa Clara

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Contact: Recycling and Waste Reduction Program Manager
Program: Integrated Waste Management Services
Address: 1553 Berger Drive, Building 1
San José, CA 95112
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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 may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

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.
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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: CITY”

CITY/TOWN OF
Title
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:

Willie Nguyen
Deputy County Counsel

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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

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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.

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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 José 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 José.

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 José 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.
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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 JOSÉ FACILITY USE SURCHARGE
The total San José 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 José. The San José 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 José 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 José.

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

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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 José 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 José 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

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an appointment for the resident. Liability shall be apportioned as provided in Exhibit D to this Agreement.

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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

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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.

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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”) and the County of Santa Clara (“COUNTY”) on the day of 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

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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 José 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 José, CA 95133.

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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 José 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.

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5. SAN JOSÉ FACILITY USE SURCHARGE
The total San José 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 José. Estimated San José Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. The San José 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 José 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 José 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

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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

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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 José, 1608 Las Plumas, San José, 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,

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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,

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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 $_________ 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. / /
27,110

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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 (CalRecycle), 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

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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.

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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

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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.

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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 City Representative
Representative’s Title
City Address

County of Santa Clara Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San José, 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.
/ /
/ /
/ /
/ /
/ /
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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: “CITY”

CITY/TOWN OF
Title
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

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ATTACHMENT A: PROJECTED FISCAL YEARS 2025-2027 ANNUAL HHW FEE

FUNDING ALLOCATION BY JURISDICTION

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ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS FOR FISCAL YEARS 2025, 2026, AND 2027

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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027*

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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027* (Continued) *SUBJECT TO CHANGE
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
Saturday 11 Sunnyvale Temporary TBD
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Thurs,Fri 23,24 San Jose Permanent
Saturday 25 Santa Clara Temporary TBD
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
Saturday 12 Los Altos Temporary TBD
Thurs,Fri 17,18 San Jose Permanent
Saturday 19 Sunnyvale Temporary TBD
Thurs,Fri 24,25 San Jose Permanent
Saturday 26 Santa Clara Temporary TBD
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 MEMORIAL DAY WEEKEND
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
Saturday 14 Milpitas Temporary TBD
Thurs, Fri,Sat 19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent

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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

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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.

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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. DTSC 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

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Agreement for Countywide Household
Hazardous Waste Collection Program Page 22 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.

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ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 23 of 27

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.

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ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 24 of 27
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

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Agreement for Countywide Household
Hazardous Waste Collection Program Page 25 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.

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ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 26 of 27
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.

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ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 27 of 27
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.

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CITY OF MORGAN HILL
17575 PEAK AVENUE
MORGAN HILL, CA 95037
PHONE 408-779-7271
FAX 408-779-3117
WWW.MORGANHILL.CA.GOV
Household Hazardous Waste Program
County of Santa Clara
Consumer and Environmental Protection Agency
Attn: Billy Puk and Teresa Curiel
May 6, 2024
Dear Billy Puk and Teresa Curiel,
On Friday, April 19, 2024, the County HHW Program met with Tanya Carothers who is the Solid Waste Program Representative for the City of Gilroy/Morgan Hill, and Elaine Marshall, Myvan Khuu-Seeman, and Alan Ha from the City of Milpitas to discuss the HHW Program Agreement FY 2025_2027 (FINAL 2024.04.15).

Section 16 of the Countywide HHW Program Agreement FY 2025_2027 (FINAL 2024.04.15) includes a paragraph that reads as follows:

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.

The above paragraph requiring a 50% interim payment is a new element in the HHW Program, which Gilroy did not budget for in the upcoming FY 2024/25. Therefore, at the April 19th meeting Tanya Carothers formally requested that the City of Gilroy be allowed to start the 50% interim payment schedule in FY 2025/26. This would allow for one year of budget planning by the City and an easier transition into the new HHW Program payment schedule. County HHW staff approved this request at the April 19th meeting and asked that the request be submitted in writing, which is the sole purpose of this letter.

Our understanding is that the County will not revise any of the contract language in the Countywide HHW Program Agreement FY 2025_2027 (FINAL 2024.04.15), however, this letter serves as an Agreement between the City of Gilroy and the County which allows for deferment of the 50% interim payment to FY 2025/26. Please confirm in writing that this letter contains what is required by the County to fulfill the request, as described. Thank you.

Sincerely,
Tanya S. Carothers
City of Gilroy Solid Waste Program Representative &
City of Morgan Hill Environmental Services Administrator 408 763 5200
Cc: Heba El-Guindy, City of Gilroy Public Works Director

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City of Gilroy

STAFF REPORT
Agenda Item Title: Approve First Amendment to Agreement with Ruggeri-Jensen-Azar & Associates in the amount of
$45,314 for the Sharks Ice Gilroy Street Improvements
and Traffic Signal Project (24-RFP-PW-492) to
complete American Land Title Association Survey for
the Sharks Ice Gilroy Facility
Meeting Date: May 20, 2024
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted By: Heba El-Guindy, Public Works Director
Prepared By: Karl Bjarke, Assistant to the City Administrator STRATEGIC PLAN GOALS Promote Economic Development Activities Maintain and Improve City Infrastructure

RECOMMENDATION
Approve the attached First Amendment to the Consulting Services Agreement between the City and Ruggeri-Jensen-Azar & Associates for the Sharks Ice Gilroy Street Improvements and Traffic Signal project (24-RFP-PW-492) in the amount of $45,314 to complete the American Land Title Association (ALTA) survey for the Sharks Ice Gilroy facility and authorize the City Administrator to execute the necessary Amendment documents.

EXECUTIVE SUMMARY
To complete the lease agreement with Sharks Sports & Entertainment for the construction and operation of the Sharks Ice Gilroy facility, a comprehensive survey of the Sharks Ice Gilroy site is required. The ALTA survey will meet this need as it provides accurate property boundaries, title encumbrances, recorded easements, and setbacks affecting the site. The proposed survey will provide firm boundaries of the specific site where the Sharks Ice Gilroy facility will be located via a plat map and legal description. In addition, the survey will provide aerial topography, topographic survey of conditions on the ground, and utility locations, all to support the design and construction

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Approve First Amendment to Agreement with Ruggeri-Jensen-Azar & Associates in the amount of $45,314 for the Sharks Ice Gilroy Street Improvements and Traffic Signal Project (24-RFP-PW492) to complete American Land Title Association (ALTA) Survey for the Sharks Ice Gilroy Facility City of Gilroy City Council Page 2 of 4 May 20, 2024
of the Sharks Ice Gilroy facility.

The City has Ruggeri-Jensen-Azar & Associates (RJA) under contract to design the street improvements and traffic signal adjacent to the Sharks Ice Gilroy site. RJA has performed several ALTA surveys in the past and it is recommended that they prepare this proposed ALTA and associated survey work since they are providing survey services for the adjacent street and traffic signal project. The City Council has previously approved a maximum expenditure for the Street Improvements and Traffic Signal project in the amount of $316,000. The proposed First Amendment will increase that amount by $45,314, increasing the total expenditure to $361,314.

BACKGROUND
The Sharks Ice Gilroy facility represents phase III of the Gilroy Sports Park Master Plan. The original 2002 Environmental Impact Report (EIR) for the Sports Park was amended in 2019 to consider the construction of the facility.

In June of 2022, the City and Sharks Sports and Entertainment, LLC (Sharks Sports) entered into a Non-Binding Term Sheet for an Operating Agreement for the proposed Sharks Ice Gilroy facility to be located at the City’s Outdoor Sports Park. The Sharks Ice Gilroy facility is proposed to be a two-story 100,000-square-foot building with two indoor National Hockey League sized ice rinks, a restaurant, snack bar, pro shop, and other ancillary uses. The Term Sheet is set up to allow the City to build the facility and Sharks Sports to operate the facility under a long-term lease agreement.

Preparing an American Land Title Association (ALTA) survey is an important next step in the process to complete the lease agreement between the City and Sharks Sports.

While the site for the Sharks Ice Gilroy facility is roughly established at the Outdoor Sports Park, the specific legal boundaries are not yet tied down. In addition to the need to establish firm boundaries of the Sharks Ice Gilroy facility site, it will be necessary to establish other metrics associated with the site such as topographic survey, property encumbrances, easements, setbacks, and utility locations. An ALTA survey is a very comprehensive land title survey and will provide the necessary title information required for the City and Sharks Sports to negotiate and execute the lease agreement for the Sharks Ice Gilroy facility. In addition, the survey will become a critical part of the design and construction of the facility.

On December 4, 2023, the City Council awarded a contract to Ruggeri-Jensen-Azar & Associates (RJA) for the design of the Sharks Ice Gilroy Street Improvements and Traffic Signal project. This project is a companion to the Sharks Ice Gilroy construction in the City’s adopted Capital Improvement Program (CIP). In addition, the construction of the street improvements and traffic signal are required mitigation measures in the 2019 amended EIR for the completion of the Sharks Ice Gilroy facility. Since RJA is already under contract with the City and their current scope requires field survey, staff requested a proposal from RJA to perform the ALTA survey for the site. RJA has

10.5 p. 207 of 217
Approve First Amendment to Agreement with Ruggeri-Jensen-Azar & Associates in the amount of $45,314 for the Sharks Ice Gilroy Street Improvements and Traffic Signal Project (24-RFP-PW492) to complete American Land Title Association (ALTA) Survey for the Sharks Ice Gilroy Facility City of Gilroy City Council Page 3 of 4 May 20, 2024
performed several ALTA surveys in the past and is in a unique position to begin this work immediately. The RJA proposal to perform the additional ALTA survey and associated compensation submitted on March 27, 2024 is included under Attachment 1.

ANALYSIS
For the Sharks Ice Gilroy facility to be completed as envisioned under the partnership with Sharks Sports and Entertainment, LLC, an ALTA survey will be required for the site. An ALTA survey is one of the most important documents in the real estate transaction process. It reveals information not covered by title insurance and helps avoid future legal disputes related to the property. The proposed survey will provide a legal description of the parcel that the facility is to be located on and identify all of the land title elements and encumbrances required to execute the lease agreement between the City and the Sharks. The survey work will also include topographic mapping and utility locations.

RJA’s proposed scope includes the following survey components: Resolve property boundaries; aerial topography with ortho-photo mapping; flight marker control (to establish survey points for aerial topography); topographic ground survey; utilities location; plat and legal description of the Sharks Ice Gilroy specific site; and all other related ALTA data collection.

Once completed, the City and Sharks Sports will have a thoroughly documented description of the Sharks Ice Gilroy facility site that will become the basis for the lease agreement.

ALTERNATIVES
The City Council could opt to forgo the ALTA survey or choose to seek proposals from other firms. Without the survey, the lease transaction for building and operating the Sharks Ice Gilroy facility would likely not go forward. RJA’s proposal is economical because the firm is already performing work in the area associated with the access road improvements and new signal.

FISCAL IMPACT/FUNDING SOURCE
The Sharks Ice Gilroy Street Improvements and Traffic Signal project is included in the adopted FY 2024 Capital Improvements Program (Project No. 800900), intended to be a companion project to the Sharks Ice Gilroy facility. Funding for this project comes from the Public Facilities Fund (440), Traffic Impact Fund (425), and subject to be reimbursed from future project bond proceeds.

On December 4, 2023, the City Council awarded a Consulting Services Agreement to Ruggeri-Jensen-Azar & Associates for the design of the Street Improvements and Traffic Signal project. Total approved expenditure for that contract is $316,000. The

10.5 p. 208 of 217
Approve First Amendment to Agreement with Ruggeri-Jensen-Azar & Associates in the amount of $45,314 for the Sharks Ice Gilroy Street Improvements and Traffic Signal Project (24-RFP-PW492) to complete American Land Title Association (ALTA) Survey for the Sharks Ice Gilroy Facility City of Gilroy City Council Page 4 of 4 May 20, 2024
additional amount for the proposed First Amendment is $45,314. Therefore, subject to approval of the First Amendment, the revised total approved expenditure will be $361,314.

PUBLIC OUTREACH
No public outreach was conducted for this phase of the project.

NEXT STEPS
Should the Council approve the First Amendment to the Agreement between the City and RJA, the ALTA and associated survey work will commence and is expected to take approximately 6 weeks. Once that is completed, the City and Sharks Sports can complete the lease agreement and the process for building the facility can begin. Under the current schedule, the Sharks Ice Gilroy facility will be completed and operational in mid-2026.

Attachments:

1. First Amendment to the Agreement between the City and RJA.

2. Exhibits A, B, and C submitted by RJA covering additional Scope of Services by ALTA Survey, associated compensation, and optional tasks.

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-1- 4845-8215-5540v1
MDOLINGER\04706083

FIRST AMENDMENT TO GILROY ICE CENTER STREET IMPROVEMENTS AND

TRAFFIC SIGNAL DESIGN AGREEMENT
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Ruggeri-Jensen-Azar & Associates entered into that certain agreement entitled “Agreement for Services”, effective on December 4, 2023, hereinafter referred to as “Original Agreement”; and WHEREAS, City and Ruggeri-Jensen-Azar & Associates have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, for valuable consideration, the parties hereto agree as follows:

1. Article 1 (Term of Agreement) of the Original Agreement: The term of the agreement will continue in effect through December 31, 2025.

2. The Payment Schedule of the Original Agreement shall remain in effect and supplemented with the additional Scope of Services described in Exhibit A and associated Compensation described in Exhibit B, dated March 27, 2024.

3. This Amendment shall be effective on May 20, 2024.

4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

6. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

CITY OF GILROY Ruggeri-Jensen-Azar & Associates
By: By:
[signature] [signature]
Jimmy Forbis Arminta J Jensen
[employee name] [name]
City Administrator Executive Vice President
[title/department] [title]
Date: Date:

Approved as to Form ATTEST:

City Attorney City Clerk

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EXECUTION VERSION

EXHIBIT A

SCOPE OF SERVICES
For

GIC STREET IMPROVEMENTS & TRAFFIC SIGNAL

SPORTS PARK ALTA SURVEY

GILROY, CALIFORNIA
MARCH 27, 2024
RJA JOB NUMBER: 242003
TYPE OF WORK:

CLIENT:

ALTA Survey and Supporting Documents
City of Gilroy
SUBJECT PROPERTY:

Approximately 78.5+/- acres located in Gilroy, CA known as the Gilroy Sports Park (APNs 808-21-026,- 028,-030). City of Gilroy is considered the Lead Agency for processing the work described herein.

SCOPE OF SERVICES:

10. DESIGN SURVEY
A. Resolved Boundary
Consultant will establish project horizontal and vertical control, search for and locate existing controlling boundary monumentation and resolve project boundary based upon the record title information with supporting documents supplied by the Client and available Public Records. Client shall provide a current preliminary title report with exceptions package and legal description prior to the commencement of work for this item.

B. Aerial Topography & Ortho-photo
Consultant will coordinate with the photogrammetrist for flight marker requirements, layout, time of flight and scheduling, to provide a topographical map of the portion of the property shown in Exhibit C at a scale of 1" = 40’ with a 1-foot contour interval. Scope and fee also includes a color ortho-rectified photo of the entire property at a scale of 1" = 40’.

C. Flight Marker Control
Consultant will perform field surveys to set flight markers for aerial photogrammetry control. Flight markers will be field surveyed to tie to project horizontal and vertical control. Flight marker field survey will be reduced and coordinate geometry results will be supplied to photogrammetrist.

D. Supplemental/Topo Survey
Consultant will provide supplemental ground survey and data reduction to augment aerial topography. Consultant will provide field supplemental survey within the project boundary and office support to obtain horizontal and vertical locations of selected visible aboveground features, as required for the ALTA Survey. Fee is for up to sixteen (16) hours of 2-Person Field Crew labor, and up to sixteen (16) hours of office labor for data reduction. Labor in excess of this will be considered "additional services"/"extra work" and be billed on a Time and Expense basis per the attached Rate and Expense Schedule.
_ ______

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EXECUTION VERSION
E. Utility Survey
At the request of the Client, Consultant will subcontract with a private utility locate service to identify the approximate locations of underground utilities located within the area of the future ice rink facility area as shown on Exhibit D. The locations of the markings provided by the private utility locate service will be located and included on the ALTA Survey.

F. Plat and Legal Description
Consultant will prepare plat and accompanying legal descriptions (1 total) to describe a portion of the property to be used in a lease agreement.

This item specifically excludes the following items:
•
•
•
•
Assistance with any property, easement or right-of-way acquisition or agreements Acquisition or assistance with signatories
Preparation of grant, quit-claim or deeds
Processing/Recording of documents
I. ALTA Survey
Consultant will prepare an ALTA/ACSM Land Title Survey to assist Client in obtaining an ALTA Owner’s policy for the subject property. Survey will include resolved boundary, topographic survey of potential encroachments within 5 feet of the project boundary, plotting of easements in preliminary title report, and the location of existing utilities serving the property based upon readily visible surface evidence. The ALTA Survey document will be prepared in accordance with the 2021 Minimum Standard Detail requirements for ALTA/NSPS Land Title Surveys. These services exclude aerial photogrammetry and/or topographic mapping and Table A items not listed herein.

ALTA Survey document will be prepared in accordance with the 2021 Minimum Standard Detail, including the following Table "A" items: 3, 4, 5, 8, 11A, 15, 20(a)(b), detailed in Exhibit C.

40. COORDINATION DURING FINAL DESIGN
A. Client Coordination
Upon request of the Client, Consultant will assist Client in the coordination of items related to the project processing and subconsultant issues not specifically mentioned in this scope of work. Fee is for up to eight (8) hours of labor. Labor in excess of this will be considered "additional services"/"extra work" and be billed on a Time and Expense basis per the attached Rate and Expense Schedule.

EXCLUSIONS
The services to be provided are those detailed in this Scope of Services (Exhibit A). All items not expressly described in this Scope of Services shall be deemed "additional services"/"extra work" and compensation shall be on a time and expense basis per the attached Rate and Expense Schedule. The following items are specifically excluded from this Scope of Work:

A. Preliminary/Tentative Map and/or Final Map Exclusions

1. Plats and legal descriptions for easements or ROW not specifically mentioned in the Scope of Services

2. Provision of preliminary or final title report

3. Any plats and descriptions for offsite purposes

4. Preparation of a "Vesting Tentative Map"

5. Any and all documents required for public noticing or mailing of such

6. Assistance with any property, right-of-way, or easement acquisition.

7. Potholing of Potholing of existing underground facilities/utilities _ ______

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EXECUTION VERSION

EXHIBIT B

COMPENSATION
for

GIC STREET IMPROVEMENTS & TRAFFIC SIGNAL

SPORTS PARK ALTA SURVEY

GILROY, CALIFORNIA
MARCH 27, 2024
Client shall compensate Consultant for the performance of the work previously described in Exhibit A, SCOPE OF SERVICES, and for such extras and additions as follows:

I. SCOPE OF SERVICES ITEM FEE

10. DESIGN SURVEY
A. Boundary/Control $6,985
B. Aerial Topography & Ortho-photo
C. Flight Marker Control
D. Supplemental/Topo Survey
E. Utility Survey
F. Plat and Legal Description
I. ALTA Survey
$7,059
$2,843
$8,558
$3,040
$4,585
$9,884
Sub-total: $42,954

40. COORDINATION DURING FINAL DESIGN
A. Client Coordination $2,360
Sub-total:

TOTAL:
$2,360
$45,314
II. Printing and Miscellaneous Expenses
Any reproduction work, other than that required for the Consultant’s in house use, and all mileage, Federal Express, UPS, On-Trac, and other deliveries and expenses will be billed per the attached Rate and Expense Schedule, in addition to the above fees.

III. Additional Services
The services to be provided are those detailed in Exhibit A, Scope of Services. All items not expressly described in this scope and all hours for a specific item which are above those stated in the scope of services shall be deemed "Additional Services"/"Extra Work" and compensation shall be on a time and expense basis per the attached Rate and Expense Schedule, in addition to the above fees.

IV. Payment Terms
Invoices will be rendered monthly for the work done in the preceding month and will be due and payable upon receipt. All accounts not paid within thirty (30) days after date of invoice will bear a FINANCE CHARGE OF 1.5% per month, or the legal rate of interest, whichever is less, on the unpaid balance until paid in full. In the event any action is brought in this agreement concerning any amounts due hereunder, the prevailing party shall be reimbursed for all litigation and collection expenses, including but not limited to reasonable attorneys’ fees.

Fees shown are good through June 30, 2024. Rate & Expense Schedule is good through June 30, 2024.

At the end of June each year, the rates and remaining fees for all services shall be increased proportionately to the increase in costs incurred by Consultant for labor and expenses and the Rate and Expense Schedules will be updated.
______

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EXECUTION VERSION

RATE AND EXPENSE SCHEDULES
(Effective through June 30, 2024)

HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES
Classification Rate
Senior Project Manager............................................................................................................... $279.00 Project Manager ............................................................................................................................ 264.00 Senior: Engineer, Surveyor, Planner ............................................................................................. 251.00 Associate: Engineer, Surveyor, Planner ........................................................................................ 234.00 Engineer, Surveyor, Planner.......................................................................................................... 217.00 Assistant: Engineer, Surveyor, Planner......................................................................................... 188.00 Senior Designer/Technician .......................................................................................................... 184.00 Technician ..................................................................................................................................... 163.00 Assistant Technician...................................................................................................................... 141.00 Project Coordinator ....................................................................................................................... 125.00 Administrative Assistant ............................................................................................................... 107.00 Clerical ........................................................................................................................................... 81.00 Field Survey Manager ................................................................................................................... 232.00 1-Person Survey Crew................................................................................................................... 214.00 2-Person Survey Crew................................................................................................................... 328.00 3-Person Survey Crew................................................................................................................... 395.00 Principal......................................................................................................................................... 295.00 Deposition/Court Appearance ................................................................rates are available upon request

EXPENSE SCHEDULE
Bond Copy (24"x36")............................................................................................................ $1.50 each Color/mylar plot (small, medium).........................................................................................$10.00 each Color/mylar plot (large).........................................................................................................$50.00 each Xerox copy ..............................................................................................................................$0.15 each Color xerox copy (8½ x 11 or 11 x 17) ...................................................................................$0.50 each Client-Requested Overtime .................................................................................. Hourly Rate plus 25% All other expenses, including:

Delivery Service
.................................................................... Actual Cost plus 15% Travel & Expenses
Outside Reproduction
Mileage - Auto
Filing or Permit Fees
Conference Call Expenses
Outside Consultants
______

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EXHIBIT C

TABLE A

OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS
NOTE: Whether any of the nineteen (19) items of Table A are to be selected, and the exact wording of and fee for any selected item, may be negotiated between the surveyor and client. Any additional items negotiated between the surveyor and client must be identified as 20(a), 20(b), etc. Any additional items negotiated between the surveyor and client, and any negotiated changes to the wording of a Table A item, must be explained pursuant to Section 6.D.ii.(g). Notwithstanding Table A Items 5 and 11, if an engineering design survey is desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under Table A, Item 20.

If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE SURVEY, except as otherwise qualified (see note above):

1. _____ Monuments placed (or a reference monument or witness to the corner) at all major corners of the boundary of the surveyed property, unless already marked or referenced by existing monuments or witnesses in close proximity to the corner.

2. _____Address(es) of the surveyed property if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork.

3. __X___ Flood zone classification (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent) depicted by scaled map location and graphic plotting only.

4. __X___ Gross land area (and other areas if specified by the client).

5. __X___ Vertical relief with the source of information (e.g., ground survey, aerial map), contour interval, datum, with originating benchmark, when appropriate.

6. _____ (a) If the current zoning classification, setback requirements, the height and floor space area restrictions, and parking requirements specific to the surveyed property are set forth in a zoning report or letter provided to the surveyor by the client or the client’s designated representative, list the above items on the plat or map and identify the date and source of the report or letter. _____ (b) If the zoning setback requirements specific to the surveyed property are set forth in a zoning report or letter provided to the surveyor by the client or the client’s designated representative, and if those requirements do not require an interpretation by the surveyor, graphically depict those requirements on the plat or map and identify the date and source of the report or letter.

7. _____ (a) Exterior dimensions of all buildings at ground level. (b) Square footage of:
_____ (1) exterior footprint of all buildings at ground level. _____ (2) other areas as specified by the client.
_____ (c) Measured height of all buildings above grade at a location specified by the client. If no location is specified, the point of measurement shall be identified.

8. __X___Substantial features observed in the process of conducting the fieldwork (in addition to the improvements and features required pursuant to Section 5 above) (e.g., parking lots, billboards, signs, swimming pools, landscaped areas, substantial areas of refuse).

9. _____Number and type (e.g., disabled, motorcycle, regular, and other marked specialized types) of clearly identifiable parking spaces on surface parking areas, lots, and in parking structures.

Striping of clearly identifiable parking spaces on surface parking areas and lots.

EXHIBIT C

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EXHIBIT C

10. _____ As designated by the client, a determination of the relationship and location of certain division or party walls with respect to adjoining properties.

11. Evidence of underground utilities existing on or serving the surveyed property (in addition to the observed evidence of utilities required pursuant to Section 5.E.iv.) as determined by:
___X__ (a) plans and/or reports provided by client (with reference as to the sources of information) _____ (b) markings coordinated by the surveyor pursuant to a private utility locate request.

Note to the client, insurer, and lender – With regard to Table A, item 11, information from the sources checked above will be combined with observed evidence of utilities pursuant to Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely, and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case the surveyor shall note on the plat or map how this affected the surveyor’s assessment of the location of the utilities. Where additional or more detailed information is required, the client is advised that excavation may be necessary.

12. _____ As specified by the client, Governmental Agency survey-related requirements (e.g., HUD surveys, surveys for leases on Bureau of Land Management managed lands). The relevant survey requirements are to be provided by the client or client’s designated representative.

13. _____Names of adjoining owners according to current tax records. If more than one owner, identify the first owner’s name listed in the tax records followed by “et al.”

14. _____ As specified by the client, distance to the nearest intersecting street.

15. __X___ Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile laser scanning and other similar products, tools or technologies as the basis for showing the location of certain features (excluding boundaries) where ground measurements are not otherwise necessary to locate those features to an appropriate and acceptable accuracy relative to a nearby boundary. The surveyor must (a) discuss the ramifications of such methodologies (e.g., the potential precision and completeness of the data gathered thereby) with the insurer, lender, and client prior to the performance of the survey, and (b) place a note on the face of the survey explaining the source, date, precision, and other relevant qualifications of any such data.

16. _____Evidence of recent earth moving work, building construction, or building additions observed in the process of conducting the fieldwork.

17. _____Proposed changes in street right of way lines, if such information is made available to the surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction or repairs observed in the process of conducting the fieldwork.

18. _____Pursuant to Sections 5 and 6 (and applicable selected Table A items, excluding Table A item 1), include as part of the survey any plottable offsite (i.e., appurtenant) easements disclosed in documents provided to or obtained by the surveyor.

19. _____ Professional liability insurance policy obtained by the surveyor in the minimum amount of $____________ to be in effect throughout the contract term. Certificate of insurance to be furnished upon request, but this item shall not be addressed on the face of the plat or map. 20(a). _____ ___________________________________________________________________ X Stream Setback as described in the Santa Clara Valley Habitat Conservation 20(b). X
____ Evidence of underground utilities based on markings coordinated by the surveyor pursuant to a private utility locate request only in the new ice rink facility area as shown on Exhibit D.

Adopted by the American Land Title Association on October 1, 2020. More at: www.alta.org.

Adopted by the National Society of Professional Surveyors on October 30, 2020. More at: www.nsps.us.com.

EXHIBIT C

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EXHI BIT D
Top of bank or propert y line, whichev er is closer
Limits of private utility locate services

EXHI BIT D

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