First Amendment to Countywide Household Page 1 of 6
Hazardous Waste Collection Program Agreement
FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM
The Agreement for Countywide Household Hazardous Waste Collection Program (AGREEMENT) by and between the City of San José (CITY) and the County of Santa Clara (COUNTY) previously entered into on June 28, 2024, is hereby amended as set forth below.
The COUNTY and the CITY agree that:
1. Section 3. FIXED PROGRAM COST is amended in full to read:
3. FIXED PROGRAM COST
Estimated HHW Fixed Program Costs are projected in Attachment B-1, attached hereto and incorporated herein. Fixed Program Costs are proportional share of the County population and will not exceed $5.07 per household for Fiscal Years 2025 and 2026. Fixed Program Cost will not exceed $5.19 per household for Fiscal Year 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.
2. Section 6. VARIABLE COST PER CAR is amended in full to read:
6. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $66.02 per participating resident car for Fiscal Years 2025 and 2026. The Variable Cost Per Car is estimated to be approximately $86.73 per participating resident car for Fiscal Year 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.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
First Amendment to Countywide Household Page 2 of 6
Hazardous Waste Collection Program Agreement
3. Section 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full to read:
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 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.
For Fiscal Year 2024-2025, p CITY
augmented and paid an additional amount of $633,373 above the $400,000 required under the Agreement to the Countywide HHW Program for a grand total of $1,033,373 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 was calculated, where applicable, at the Variable Cost Per Car rate. Other services were charged based on a cost recovery basis. CITY authorized
Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
For Fiscal Year 2025-2026, p CITY
augmented and paid an additional amount of $411,027 above the $400,000 required under the Agreement to the Countywide HHW Program, and will pay an additional amount up to $938,973 for a grand total of $1,750,000 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-1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
For Fiscal Year 2026-2027, CITY agrees to augment up to an additional $2,500,000 to the Countywide HHW Program 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- 2, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
First Amendment to Countywide Household Page 3 of 6
Hazardous Waste Collection Program Agreement
services will be charged based on a cost recovery basis. CITY authorizes 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.
4. Section 17. INFORMATION AND APPOINTMENT LINE is amended in full to read:
17. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m, 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.
5. Attachment C-2 Of Collection Events for Fiscal Year
2026/2027 hereto and incorporated herein by this reference is hereby added to the AGREEMENT.
Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below:
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
First Amendment to Countywide Household Page 4 of 6
Hazardous Waste Collection Program Agreement
COUNTY OF SANTA CLARA
CITY OF SAN JOSE, a municipal
corporation
Signature: Signature:
James R. Williams Name: Toni J. Taber, CMC
County Executive City Clerk
Date: Date:
APPROVED AS TO FORM
Willie Nguyen Rosalía Burgueño Tapia
Deputy County Counsel Senior Deputy City Attorney
Date: Date:
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Hazardous Waste Collection Program Agreement
ATTACHMENT B-1: ESTIMATED HHW PROGRAM FIXED COSTS FOR
FISCAL YEAR 2026/2027
Staff Salary and Benefits 1,926,605$
County Admin Overhead $780,328
County Counsel $17,745
Phones and Communications $13,787
Facilities Lease Costs San Jose $215,880
Vehicle Costs $104,363
Office Supplies and postage $4,430
Maintenance, Software $150,150
HHW Hotline $150,000
Garbage & Utilities $47,434
Membership & Dues $20,475
Training & Conference $6,825
Safety Wear $28,392
Printing $11,632
Other Services & Supplies $53,127
ESTIMATED ANNUAL TOTAL 3,531,171.72 $
FIXED COST
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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Hazardous Waste Collection Program Agreement
ATTACHMENT C-2: HHW SCHEDULE OF COLLECTION EVENTS FOR
FISCAL YEAR 2026/2027*
S M T W T F S S M T W T F S S M T W T F S1 2 34 11 2 3 4556 7 8 9 1011 23 4 5 6 78 67 8 9 10 11121213 14 15 16 1718 910 11 12 13 1415 1314 15 16 17 18191920 21 22 23 2425 1617 18 19 20 2122 2021 22 23 24 25262627 28 29 30 312324 25 26 27 2829 2728 29 303031S M T W T F S S M T W T F S S M T W T F S1 23 12 3 4 5 671 2 3 4545 6 7 8 910 89 10 11 12 1314 67 8 9 10 11121112 13 14 15 1617 1516 17 18 19 2021 1314 15 16 17 18191819 20 21 22 2324 2223 24 25 26 2728 2021 22 23 24 25262526 27 28 29 3031 29302728 29 30 31S M T W T F S S M T W T F S S M T W T F S121 2 3 4 561 2 3 4 5634 5 6 7 89 78 9 10 11 1213 78 9 10 11 12131011 12 13 14 1516 1415 16 17 18 1920 1415 16 17 18 19201718 19 20 21 2223 2122 23 24 25 2627 2122 23 24 25 26272425 26 27 28 2930 28 2829 30 3131S M T W T F S S M T W T F S S M T W T F S1 23 11 2 3 4545 6 7 8 910 23 4 5 6 78 67 8 9 10 11121112 13 14 15 1617 910 11 12 13 1415 1314 15 16 17 18191819 20 21 22 2324 1617 18 19 20 2122 2021 22 23 24 25262526 27 28 29 302324 25 26 27 2829 2728 29 303031*Schedule subject to change*KEY:Las Plumas Permanent 102LP & SM Permanent 34 136 Total Permanent EventsTemporary Event 10 146 Total EventsHoliday 11April '27 May '27 June '27 July '26 August '26 September '26October '26 November '26 December '26HHW Schedule of Collection Events for Fiscal Year 2026/2027 January '27 February '27 March '27
2026-2027
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.