CC Resolution No. 7936
RESOIIJI'ION NO. 7936
A RESOIIJTION OF THE CIT1{ CXJONCIL OF THE CIT1{ OF ctlt'='.lii/O
ATJIHORIZING EXEaJI'ION OF TRI -CITY AGREEMENT FOR RESIDENTIAL
HAZARDOUS WASTE COLŒCI'ION PROGRAM AND FIRST AMENJ:toIENT
TO TRI -CITY AGREEMENT FOR RESIDENTIAL HAZARIXXJS WASTE
COLIECI'ION PROGRAM BEIWEEN THE CIT1{ OF M:JUNTAIN VIEW,
THE CIT1{ OF LOS AIJIOS AND THE CIT1{ OF aJPERl'INO
WHEREAS, a Tri-city Agreement aro. First Amendment to said agreement
between the City of Mounta:in View, the City of IDs Altos and the City of
OJpertino, outlining the terms and con::litions unier which each of the
parties will participate :in a residential hazardous waste collection
program has been presented to the City Council; aro. said agreement havin;J
been approved by the Director of Public Works aro. the city Attorney;
NCM, 'I'HEREFORE, BE IT RESOLVED, that the Mayor aro. the city Clerk are
hereby authorized to execute the agreement and amendment here:in referred
to :in behalf of the city of OJpertino.
PASSED AND AIJOPI'ED at a regular meetin;J of the City Council of the
city of OJpert:ino this ..l.8.tb day of Sentemher , 1989 by the followin;J
vote:
vote Members of the City Council
AYES: Gatto, Johnson, Koppel, Rogers, P1ungy
NOFS: None
ABSENT: None
ABSTAIN: None
APPROVED:
Is I John J. P1un2v. Jr.
Mayor, City of OJpertino
ATI'EST:
Isl Dorothv Cornelius
City Clerk
.
.
PUBLIC we \3
·SEP 1 1 i~()~
FIRST AMENDMENT TO TRI-CITY AGREEMENT
FOR
RESIDENTIAL HAZARDOUS WASTE COLLECTION PROGRAM
THIS AGREEMENT made by and between the CITY OF MOUNTAIN
VIEW, a municipal corporation, whose address is 444 Castro
Street, Mountain View, California, 94041, hereinafter referred to
as "MOUNTAIN VIEW"; and the CITY OF LOS ALTOS, a municipal cor-
poration, whose address is One North San Antonio Road, Los Altos,
California, 94022, hereinafter referred to as "LOS ALTOS"; the
CITY OF CUPERTINO, a municipal corporation, whose address is
10300 Torre Avenue, Cupertino, California, 95014, hereinafter
referred to as "CUPERTINO"; and certain local participating
jurisdictions as indicated by signature below.
RECITALS
A. The Cities of MOUNTAIN VIEW, LOS ALTOS and CUPERTINO
entered into an agreement entitled "Tri-City Agreement for
Residential Hazardous Waste Collection Program" (the original
Tri-City Agreement) in July 1986. The Agreement established
three days each year for residents of these cities to drop off
household hazardous wastes free of charge at a predetermined
collection site.
B. Certain neighboring local jurisdictions had
expressed an interest and desire to provide the opportunity for
their residents to participate in the Tri-City Residential
Hazardous Waste Collection Program and to pay their fair share of
the costs of the program without providing additional collection
sites or dates.
C. The three cities which are a party to the original
Tri-City Agreement consent to this arrangement subject to certain
terms and conditions.
NOW, THEREFORE, in consideration of the recitals and
mutual promises contained herein, MOUNTAIN VIEW, LOS ALTOS,
CUPERTINO and other local participating jurisdictions named
herein each agree as follows:
-1-
.
.
All local jurisdictions accepted by MOUNTAIN VIEW, LOS
ALTOS and CUPERTINO to participate in the Tri-City Program shall
agree to all terms and conditions of the original "Tri-City
Agreement" except as expressly set forth herein:
1. A "local participating jurisdiction" shall not be
required to act as a "Host City." However, their residents may
use the scheduled designated collection sites in any of the Tri-
City locations.
2. The cost for a local participating jurisdiction
shall be based on the same per capita basis as the Host Cities,
plus an additional ten percent (10%) of that local participating
jurisdiction's per capita share to cover administrative expenses.
3. MOUNTAIN VIEW agrees to provide notice of the
collection schedule to all participating jurisdictions including
exact times, locations and dates.
4. LIABILITY
Neither MOUNTAIN VIEW, LOS ALTOS, n?r CUPERTINO, respec-
tively, nor any officer, employee, or agent thereof, shall be
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by said parties under or in
connection with this Agreement. It is also agreed that, pursuant
to Government Code Section 895.4, each party shall fully
indemnify, hold harmless, and defend each other party from any
liability imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or omitted to
be done by that responsible indemnifying party under or in
connection with this Agreement.
5. NOTICES
All notices and communications herein required shall be
in writing addressed to the other parties as follows, unless
expressly changed in writing:
To MOUNTAIN VIEW: City of Mountain View Fire Department
P.O. Box 7540
Mountain View, CA 94039
To LOS ALTOS:
City of Los Altos
Community Programs Coordinator
One North San Antonio Road
Los Altos, CA 94022
-2-
·
;.
To CUPERTINO:
City of Cupertino
Director of Public Works
10300 Torre Avenue
Cupertino, CA 95014
IN WITNESS WHEREOF, this First Amendment to the Tri-City
Agreement is executed by the CITY OF MOUNTAIN VIEW, the CITY OF
LOS ALTOS, the CITY OF CUPERTINO and the TOWN OF LOS ALTOS HILLS.
This agreement is dated
~-1'-8C¡
CITY OF MOUNTAIN VIEW
APPROVED AS TO CONTENT:
BY:
(iMlfl..,¿
Haz~~ Manager
APPROVED AS TO FORM:
ATTEST:
[ly~~~ ~~~
F I fY'I!Y' C.!,i\ /.- ¡yÿ:^ 0 (/ .Ii ¿- '
(Qñ..-\.:~.c-ct 5.<'<;,<.--(
J F,,,,~-,~,,-,;>.,L'7;.' CITY OF LOS ALTOS
BdLz~
City Manager
APPROVED AS TO FORM:
ATTEST:
~A~
City Attorney
¡7hJ ~~47
City Clerk -
-3-
BY:
CITY OF CUPERTINO
City Manager
APPROVED AS TO FORM:
ATTEST:
City Attorney
BY:
City Clerk
TOWN OF LOS ALTOS HILLS
City Manager
APPROVED AS TO FORM:
ATTEST:
City Attorney
City Clerk
GL/FIR/SAVE
l5l-7-28A
-4-
~
TRI-CITY AGREEMENT
FOR
RESIDENTIAL HAZARDOUS WASTE COLLECTION PROGRAM
THIS AGREEMENT made by and between the CITY OF MOUNTAIN
VIEW, a municipal corporation, whose address is 444 Castro street,
Mountain View, California, 94041, hereinafter referred to as
"MOUNTAIN VIEW," and the CITY OF LOS ALTOS, a municipal corpora-
tion, whose address is One North San Antonio Road, Los Altos,
CA 94022, hereinafter referred to as "LOS ALTOS," and the CITY OF
CUPERTINO, a municipal corporation, whose address is 10300 Torre
Avenue, Cupertino, CA 95014, hereinafter referred to as
"CUPERTINO. "
RECITALS
A. The three cities desire to provide a safe, conven-
ient, and economical means for the residents of each of the three
cities to dispose of hazardous wastes, including common household
products such as household cleaning products, spot remover, furni-
ture polish, solvents, oven cleaner, garden insecticides, poisons,
oil-base paints, motor oil, antifreeze, and car batteries.
B. The three cities desire to provide this hazardous
waste collection program to residents without a fee in order to
encourage the proper disposal of toxic products and avoid disposal
in the garbage, down the drain, or on the ground, in a manner
which creates a health and environmental hazard.
C. The three cities desire to schedule three collection
dates, at three different sites, to provide expanded opportunities
for the residents of each of the three cities to participate in
the program.
NOW, THEREFORE, in consideration of the recitals and
mutual promiseS contained herein, MOUNTAIN VIEW, LOS ALTOS, and
CUPERTINO each agrees as follows:
The purpose of this Agreement is to state the terms and
conditions under which each of the parties will participate in a
residential hazardous waste collection program with three collec-
tion dates, each scheduled for one of the cities on a rotating
basis, with the collection site available to the residents of any
1. PURPOSE
-1-
of the parties. The parties will contract with one (1) certified
toxic and hazardous waste hauler to provide the services contem-
plated by this Agreement.
2. CONTRACT WITH HAZARDOUS WASTE HAULER
Each of the parties hereby authorize and direct MOUNTAIN
VIEW to take all actions necessary in compliance with California
law to select a California certified hazardouS waste hauler to
provide the hazardous waste collection program services set forth
herein. The City Manager of each party, or his designated repre-
sentative, shall approve the selection in writing to MOUNTAIN VIEW
prior to the award of the contract to the selected California
certified hazardous waste hauler.
a. The hazardouS waste hauler shall obtain all necessary
permits and licenses and shall provide the appropriate personnel,
equipment, and supplies to properly receive. package, label, haul,
and dispose of the residential hazardous wastes. The officers and
employees of the parties shall not be responsible for nor shall
they engage in the handling, processing, or loading of the hazard-
ous wastes.
3. SERVICES
b. The quantity limits of hazardous materials per house-
hold shall not exceed five (5) gallons or fifty (50) pounds of
material.
c. Certain hazardous waste materials shall not be
accepted for collection and disposal, including but not limited to
compressed gas cylinders, radioactive materials and explosives.
The collection schedule shall be arranged by mutual
agreement:
4. SCHEDULE
The exact times, dates, and locations will be determined by mutual
agreement between the parties.
July, 1990.........····cupertino
April, 1990.........···LOS Altos
october, 1989......Mountain View
The parties shall cooperate to inform the public of the
residential hazardous waste collection program and schedule. Each
party shall be primarilY responsible for advertising the program
within its jurisdiction.
5. ADVERTISING/PUBLIC INFORMATION
-2-
.
.
6. HOST CITY
Each city will take a turn as the "Host City" on the
scheduled collection date within its jurisdiction, and will admin-
ister that collection project. A resident from any of the three
cities may use the scheduled designated collection site in any
city. The Host City will provide adequate personnel and equipment
for traffic and parking control, cost accounting, and the general
operation of the collection program.
7. COST OF PROGRAM
The program shall be provided at no charge to the resi-
dents of the three parties. The cost to each of the parties shall
be based on a per-capita basis (i.e., fixed cost share per resi-
dent participant from each city), regardless of the quantity,
volume, quality, or character of the hazardous waste collected
from a resident, within the limits set forth herein. The cost to
each city for each collection day will be determined as follows:
The total cost charged by the hazardous waste con-
tractor for that day (which will be variable
depending on the volume and character of the
hazardous waste which is collected that day)
divided by the total number of participants that
day equals the per capita cost for that collection
day. That per capita cost is multiplied by the
number of participants from MOUNTAIN VIEW, LOS
ALTOS, or CUPERTINO to determine each city's
respective share of that day's collection cost.
Example
Total Cost
for First Number of That City's
$10,000 Collection $50 Cost City's Cost for
= per Residential x Participating = That Collec-
200 Participants Participant Residents tion Day
Thus, each city will pay a proportionate share of the
day's total collection cost based on the use of the collection
services by its residents.
8. ACCOUNTING
The Host City shall verify that all participants in the
residential hazardous waste collection program are, in fact,
residents of one of the three cities which are a party to this
Agreement, and shall keep a record of the resident city of each
participant. Within seven calendar days following the collection
day, the Host City shall prepare and send to each of the other two
-3-
·
cities an accounting of the total cost for that day, the tally of
the residents from each of the' three cities, the per capita par-
ticipant cost, and each city s proportionate share of the cost for
that collection day. The Host City shall make the payment to the
waste hauler contractor and the other two cities shall, within
thirty (30) days of receipt of the accounting, reimburse the Host
City for the proportionate share of the cost.
This Agreement shall be effective on the date below
written and shall remain in full force and effect until terminated
by any party hereto upon thirty (30) days' written notice to each
of the other parties or until the final payments have been made,
whichever comes first. In the event of early termination, payment
for any collections pursuant to this program shall be made in
accordance with the terms of this Agreement.
9. TERMINATION
Neither MOUNTAIN VIEW, LOS ALTOS, nor CUPERTINO, respec-
tively, nor any officer, employee, or agent thereof, shall be
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by either of the other two
parties under or in connection with this Agreement. It is also
agreed that, pursuant to Government Code Section 895.4, each party
shall fully indemnify, hold harmless, and defend each other party
from any liability imposed for injury (as defined by Government
Code Section 810.8) occurring by reason of anything done or
omitted to be done by that responsible indemnifying party under or
in connection with this Agreement.
10. LIABILITY
It is hereby expressly understood by each of the parties
that the California certified waste hauler employed pursuant to
this Agreement shall be and is an independent contractor with
respect to all matters covered by this Agreement.
11. INDEPENDENT CONTRACTOR
-4-
~
All notices and communications herein required shall be in
writing addressed to the other parties as follows, unless
expressly changed in writing:
12. NOTICES
To MOUNTAIN VIEW:
City of Mountain View Fire Department
P.O. Box 7540
Mountain View, CA 94039
To LOS ALTOS:
City of Los Altos
Community Programs Coordinator
One North San Antonio Road
Los Altos, CA 94022
To CUPERTINO:
City of cupertino
Director of Public Works
10300 Torre Avenue
cupertino, CA 95014
IN WITNESS WHEREOF, this Agreement is executed by the CITY
OF MOUNTAIN VIEW, the CITY OF LOS ALTOS, and the CITY OF
CUPERTINO.
This agreement is dated
8-/'- 89
CITY OF MOUNTAIN VIEW
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
ATTEST:
a~ß'~
City Attorn )$t:;¡,ipÝ ~ø-~
J~~-rr/~/ AA ~
City Clerk
.'~ ~4C( /iL !3lï'lfD(;/'IL~·
\¡- I-~ ~\'-/ 06.J2 .
, _.~~ ~.../ .'.J.);! ..__, - (- ..... ----
- ,.-~..
I r/t,,,.--¡,A..("'~, U.·f-C~C../~:;'''·
,
-5-
·
~
CITY OF LOS ALTOS
L~
APPROVED AS TO FORM:
~
ATTEST:
{l"",./ I¿;Ju;/
Clty Clerk--
CITY OF CUPERTINO
BY:
City Manager
APPROVED AS TO FORM:
ATTEST:
City Attorney
City Clerk
CSE/ATY/SAVE
1l09-8-1JA
-6-