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86-161 Tri-City (Cupertino, Los Altos, Mountain View) Residential Hazardous Waste Collection Program ResTRI -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 tc as "MOUNTAIN VIEW," and the CITY OF LOS ALTOS, a municipal cor- poration, 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, con- venient, 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, furniture 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 dis- posal in the garbage, down the drain, or on the ground, in a man- ner which creates a health and environmental hazard. C. The three cities desire to schedule three collection dates, at three different sites, to provide expanded opportuni- ties 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: 1. PURPOSE 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- 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 Cali- fornia certified hazardous waste hauler. 3. SERVICES 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 respon- sible for nor shall they engage in the handling, processing, or loading of the hazardous wastes. b. The quantity limits of hazardous materials per household shall not exceed fifteen (15) gallons or one hundred twenty (120) 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. 4. SCHEDULE The collection schedule shall be arranged by mutual agreement: July, 1987.............Cupertino April, 1987 ............ Los Altos October, 1986...... Mountain View The exact times, dates, and locations will be determined by mutual agreement between the parties. 5. ADVERTISING/PUBLIC INFORMATION 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. -2- 6. HOST CITY Each city will take a turn as the "Host City" on the scheduled collection date within its jurisdiction, and will administer 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 resident 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 contractor 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. Total Cost for First $10,000 Collection 200 Participants Example $50 Cost per Residential Participant Number of City's x Participating Residents 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 That City's Cost for that Col- lection Day The Host City shall verify that all participants in the residential hazardous waste collection program are, in fact, -3- 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 cities an accounting of the total cost for that day, the tally of the residents from each of the three cities, the per capita participant 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. 9. TERMINATION This Agreement shall be effective on the date below written and shall remain in full force and effect until termi- nated 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 termina- tion, payment for any collections pursuant to this program shall be made in accordance with the terms of this Agreement. 10. LIABILITY 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. 11. INDEPENDENT CONTRACTOR 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. -4- V 12. 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 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 CITY OF MOUNTAIN VIEW APPROVED S TO CONTENT: at a ion Chief ire Marshal APPROVED AS TO FORM: City Atto r6l y/ G� -5- BY City Manage ATTEST: City Clerk BY: APPROVED AS TO FORM: L2e���� City Attorney V BY: Ci y Manager APPROVED AS TO FORM: City Attorney CSE/ATY 1109-4-28A OF LOS ALTOS ATTEST: City Clerk CITY OF CUPERTINO ATTEST: City Clerk 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 followa: 1. PURPOSE 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- 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. 3. SERVICES 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. 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. 4. SCHEDULE The collection schedule shall be arranged by mutual agreement: July, 1988.............Cupertino April, 1988 ............ Los Altos October, 1987...... Mountain View The exact times, dates, and locations will be determined by mutual agreement between the parties. 5. ADVERTISING/PUBLIC INFORMATION 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. -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 Participating - That Collec- 200 Participants x 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. 9. TERMINATION 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. 10. LIABILITY 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. 11. INDEPENDENT CONTRACTOR 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. -4- 12. 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 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 fq (/ qz 06t CITY OF MOUNTAIN VIEW APPROVED AS TO CONTENT: attalion Chief/Fire Marshal B APPROVED AS TO FORM: City Attorne -5- BY: City Manager ATTEST: City Clerk BY: /" Ci Manager APPROVED AS TO FORM: CITY OF LOS ALTOS ATTEST: City Attorney City Clerk �tcy��Manager APPROVED AS T RM: City Attorney CSE/ATY/SAVE 1109-8-13A CITY OF CUPERTINO ATTEST:: Ci y Clerk r- j - 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: 1. PURPOSE 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- 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. 3. SERVICES 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. 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. 4. SCHEDULE The collection schedule shall be arranged by mutual agreement: July, 1989.............Cupertino April, 1989 ............ Los Altos October, 1988...... Mountain View The exact times, dates, and locations will be determined by mutual agreement between the parties. 5. ADVERTISING/PUBLIC INFORMATION 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. -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 Participating - That Collec- 200 Participants X 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. 9. TERMINATION 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. 10. LIABILITY 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. 11. INDEPENDENT CONTRACTOR 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. -4- 12. 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 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 CITY OF MOUNTAIN VIEW APPROVED PrS TO CONTENT: ,�tta71ibn Chief/Fire Marshal APPROVED AS TO FORM: City Attorney -5- t r5► ��&ef City Manager, 4') ATTEST: City Clerk CITY OF LOS ALTOS BY: -E M ,nager APPROVED AS TO FORM: /Lt -p --v L— City AtFlorney APPROVED AS TO FORM: amity°Attorney BY: City kanager CSE/ATY/SAVE 1109-8-13A ATTEST: City Clerk CITY OF CUPERTINO ATTES : City Clerk FIRST AMENDMENT TO TRI -CITY AGREEMENT Q�fi 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, 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 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 Agreement is executed by the CIT LOS ALTOS, the CITY OF CUPERTIN O This agreement is dated First Amendment to the Tri -City Y OF MOUNTAIN VIEW, the CITY OF and the TOWN OF LOS ALTOS HILLS. p CITY OF MOUNTAIN VIEW APPROVED SI T% CONTENT: Battalion Chief/Fire Marshal APPROVED AS TO FORM: City Attorne BY: I City Manager �5 ATTEST: City Clerk CITY OF LOS ALTOS BY: A -,-t 24�-, City MaiYager APPROVED AS TO FORM: City Attorney -3- ATTEST: City Clerk BY: ity Manager APPROVED AS TO FORM: City Attorney CITY OF CUPERTINO ATTEST: Cit Clerk TOWN OF LOS ALTOS HILLS BY: �Z �_ Citafiger A P -ROVED AS TO FORM: / ✓��-� ��� - ,"lit%' C-ity Attorney GL/FIR/SAVE 151-7-28A -4- ATTEST: City Clerk RESOLUTION NO. 7572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF TRI -CITY AGREEMENT FOR RESIDENTIAL HAZARDOUS WASTE COLLECTION PROGRAM WHEREAS, the City of Cupertino desires to provide a safe, convenient, and economical means for its residents to dispose of hazardous waste; and WHEREAS, the City wishes to provide this hazardous waste collection program to residents without a fee in order to encourage the proper disposal of toxic materials and avoid disposal in a manner which creates a health and environmental hazard; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the Tri -City Agreement for Residential Hazardous Waste Collection Program and authorizes the City Manager and the City Clerk to execute said Agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of August , 1988, by the following vote: Vote Members of the City Council AYES: Johnson, Koppel, Plungy, Rogers, Gatto NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius /s/ John M. Gatto City Clerk Mayor, City of Cupertino AGREEMENT BY AND BETWEEN THE COUNTY OF SANTA CLARA, THE CITY OF MOUNTAIN VIEW, THE CITY OF LOS ALTOS, AND THE CITY OF CUPERTINO, RELATING TO A RESIDENTIAL HAZARDOUS WASTE COLLECTION PROGRAM This is an agreement by and between the County of Santa Clara, hereinafter referred to as "County," the City of Mountain View, a municipal corporation, the City of Los Altos, a municipal corporation, and the City of Cupertino, a municipal corporation, hereinafter collectively referred to a•s "Cities," relating to a residential hazardous waste program. W I T N E S S E T H WHEREAS, under that certain agreement dated August 16, 1989, Cities contracted among each other to provide a safe, convenient and economical means for the residents of Cities to dispose of items of hazardous waste. A copy of the agreement, establishing a residential hazardous waste collection program, is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, County is interested in having residents of the unincorporated area of County make use of the residential hazardous waste collection program to be held in the City of Los Altos on April 21, 1990; and WHEREAS, Cities are agreeable to having residents.of the unincorporated area of County make use of the aforementioned residential hazardous waste collection program, NOW, THEREFORE, the parties hereby agree as follows: 1. Under the terms, covenants and conditions of the referenced agreement by and between Cities, the residents of the unincorporated area of County may participate in the residential hazardous waste collection program to be held in the City of Los Altos on April 21, 1990. 2. As compensation for the participation of the residents of the unincorporated area of County in the residential hazardous waste collection program, County shall reimburse Cities under the formula provided in paragraph 7 of the subject agreement, plus pay Cities an additional ten (10) percent to cover administrative expenses. Payment by County shall be further subject to the terms, covenants and conditions of the "Agreement for Services" (DAF -E05) attached hereto as Exhibit B and incorporated by reference. If additional funding is required, County shall make application to its Board of Supervisors for such additional funding. 3. This agreement represents the entire agreement by and between the parties relating to the participation of the residents of the unincorporated area of County in Cities' residential hazardous waste collection program to be held in the City of Los Altos on April 21, 1990. Any prior or contemporaneous oral or written agreements by and between the parties or their representatives relating to County's participation in such program are revoked and extinguished by this agreement. IN WITNESS WHEREOF, the parties have executed this agreement as follows: Cities APPROV D AS TO CONTENT: a dous Ma erials Manager C y of Mountain View By City Manager (Acting) City of Mountain View ATTEST: City Clerk City of Mountain View TWAWAX 1- )61'ty Attorney (Acting Citv/of Mountain View unty J. Kennedy Bartholet Health Service Administrator County of Santa Clara APPR.0* AN TO FORM AND LEGALITY: 1'� -,( � � - 0 Harrison D. Tay or Deputy County Counsel TL4/410 By. CiTy- Manager City of Los Altos ATTEST: lone City I-taz-rr4 �e.rk City of Los Altos APPROVED AS TO FORM: City Atthrney City of Los Altos By C y M'`a 11 'g r City of Cupertino ATTT /�" , A) City Clerk City of Cuper i o APPROV D AS T F ity Attorney City of Cupertino r1 EXHIBIT A 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: 1. PURPOSE 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- 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. 3. SERVICES 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. 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. 4. SCHEDULE The collection schedule shall be arranged by mutual agreement: July, 1990.............Cupertino April, 1990 ............ Los Altos October, 1989...... Mountain View The exact times, dates, and locations will be determined by mutual agreement between the parties. 5. ADVERTISING/PUBLIC INFORMATION 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. -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. Total Cost for First $10,000 Collection 200 Participants Example $50 Cost per Residential Participant Thus, each city will pay a day's total collection cost based services by its residents. 8. • ACCOUNTING Number of That City's City's Cost for X Participating = That Collec— Residents tion Day proportionate share of the on the use of the collection 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. 9. TERMINATION 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. 10. LIABILITY 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. 11. INDEPENDENT CONTRACTOR 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. -4- y- 12. 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 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 g— l6 e la / _ CITY OF MOUNTAIN VIEW APPROVED AS TO CONTENT: BY: Haz dons "Mateft—als Manager ager APPROVED AS TO FORM: ATTEST: City Attorn City Clerk) �)Vcli 4L ///Cotl-4L' o,1 -5- _ r t 0 CITY OF LOS ALTOS BY: 7 ci y Manager APPROVED AS TO FORM: ATTEST: City Attorney City Clerk CITY OF CUPERTINO B Y : C.J.,t-v M ger :APPROVED AS TO ty Attorki6y CSE/ATY/SAVE 1109-8-13A ATTEST: Clity Clerk ) 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 (100) 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, 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 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 a 160—NI? CITY OF MOUNTAIN VIEW APPROVED AS TO CONTENT: Haza ous` Materials Manager APPROVED AS TO FORM: Ci. ✓�7� City torn�� ASsis CITY OF BY: City Manager APPROVED AS TO FORM: City Attorney ATTEST: .ty Clerk LOS ALTOS -3- ATTEST: City Clerk CITY OF CUPERTINO BY: City Ma a APPROVED AS TO FO ATTEST: ti City Attorney City Clerk l TOWN OF LOS ALTOS HILLS BY: /- (k City Manager APPROVED AS TO FORM: ATTEST: e C'ty Attorney City Clerk 10, GL/FIR/SAVE 151-7-28A -4- PUBLIC WORKS SCP 2 ; 150 RESOLUTION NO. 7936 A RESOLUTION OF THE CITY OUNCIL OF THE CITY OF CUPL'F=0 AUTHORIZING EXECUTION OF TRI -CITY AGREMM FOR RESIDENTIAL HAZARDOUS WASTE COLLECTION PROGRAM AND FIRST AMENErEENT TO TRI --CITY AGR' FOR RESIDENTIAL HAZARDOUS WASTE COLLECTION PROGRAM BETWEEN THE CITY OF MOUNTAIN VIEW, THE CITY OF LIDS ALTOS AND THE CITY OF CUPERI'INO WHEREAS, a Tri -city Agreement and First Amerxhlbent to said agreemet between the City of Mountain View, the City of Los Altos and the Coity f Cupertino, outlining the terms and conditions under which each of the Parties will participate in a residential hazardous waste collection Program has been presented to the City Council; and said agreemen been approved by the Director of Public Works and the City Att having NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the amt and amendment herein referred to in behalf of the City of Cupertino. City Of Cupertino AND hat a regular meeting of the City Council of the vote: Cupertinono this 18th day of September , 1989 by the following Vote Members of the City Council AYES: Gatto, Johnson, Koppel, Rogers, Plungy NOES: None ABSENT: None ABSTAIN: None /s/ Dorothy Cornelius City Clerk Js/ John J Plungy Jr Mayor, City of Cupertino THIS IS TO CERTIFY THAT THE WITHIN INST7;UMENT ISATPUE IF THE. ❑RfGIN L A.ND CORRECTCDpq� LOA-ND FILE IN THIS OFFICE. ATTE CITY C ER'_- F THE CITY OF CUPERTINO 7 Y�i?� 74C, C L E R K PUBLIC WORKS AUG 2 4 1990 EXTENSION OF 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: 1. PURPOSE 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 of the parties. The parties will contract with one (1) certified -1- 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. 3. SERVICES 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, except Santa Clara County Environmental Health staff who will select and place materials on a "Re -Use" table. 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. d. The hazardous waste hauler shall obtain and maintain in effect during the term of and until final acceptance of all work under this Agreement, a policy or policies of comprehensive general liability insurance with limits of not less than One Million Dollars ($1,000,000). e. The hazardous waste hauler shall name each of the parties as additional named insureds on the hazardous waste hauler's certificate of insurance, and shall provide Mountain View with a certificate of insurance in a form acceptable to the City Attorney. 4. SCHEDULE The collection schedule shall be arranged by mutual agreement: July, 1991.............Cupertino April, 1991 ............ Los Altos October, 1990...... Mountain View -2- The exact times, dates, and locations will be determined by mutual agreement between the parties. 5. ADVERTISING/PUBLIC INFORMATION 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. 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 Participating - That Collec- 200 Participants x Participant Residents tion Day -3- 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 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. 9. TERMINATION 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. 10. LIABILITY 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. 11. INDEPENDENT CONTRACTOR 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. -4- 12. AMENDMENTS This Agreement may be amended by a written instrument executed by all the parties hereto. 13. 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 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 may be signed in counterparts and is dated for convenience. CITY OF MOUNTAIN VIEW APPROVED AS TO CONTENT: BY: (14/�o v HazaFdous Materials Manager (Acting) City Manag APPROVED AS TO FORM: L2 - &140� City AttoryJ-Zh-e4y talll� -5- ATTEST: JUGS -C. City Clerk CITY OF LOS ALTOS I:1'A APPROVED AS TO FORM: City Attorney BY: Citj JManag r APP AS TO FORM: CSE/ATY/SAVE 1109-8-13A ATTEST: City Clerk CITY OF CUPERTINO ATTEST: Cit'y Clerk p� AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the City of Cupertino (City) and County of Santa Clara (County) on the day of OCT 8 1991 , 1991. RECITALS A. The County Board of Supervisors has approved a one year pilot Countywide Household Hazardous Waste Collection Program whereby residents of the county and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes on an appointment or emergency basis regardless of the specific location at which an event has been scheduled. B. The participating jurisdictions desire to provide residents with convenient opportunities to safely dispose of their household hazardous waste in order to encourage the proper disposal of toxic products and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard. C. The participating jurisdictions desire to provide a safe, convenient, and economical means for the residents of City of Cupertino , and residents of unincorporated County areas to dispose of household hazardous wastes. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, insecticides, oil base paints, motor oil, antifreeze and car batteries. Residents of the areas listed above will be eligible to bring household hazardous wastes to a household hazardous waste collection event where these wastes will be accepted for proper disposal as described below. D. The participating jurisdictions desire to schedule Household Hazardous Waste Collection Events during fiscal year 91-92. NOW, THEREFORE, CITY OF CUPERTINO and COUNTY OF SANTA CLARA AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which each of the jurisdictions will participate in the Household Hazardous Waste Collection Program (Program) available to the residents of the City of Cupertino -,residents of County unincorporated areas, and residents of other participating jurisdictions. 2. SERVICES PROVIDED BY COUNTY The County shall conduct Household Hazardous Waste Collection Events (Events) at various sites located in Santa Clara County. The County shall obtain all necessary permits and licenses and shall provide or secure the services of properly trained personnel, hazardous waste haulers, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of the residential hazardous wastes collected at Events. Insurance requirements for transporters and hazardous waste treatment or disposal services shall have the following minimum limits: General Comprehensive -- $1 million per occurrence, $2 million aggregate; Auto --$1 million; workers comp. --statutory limits established by law; and environmental impairment liability --$1 million per occurrence, $2 million aggregate. Other services to be provided by the County include establishing and operating a telephone hotline to schedule appointments for the Events and to provide information about household hazardous materials. The telephone hotline shall be operated 5 days a week, Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m., excluding holidays. County intends to schedule Events during four collection periods as indicated in Attachment A, "Preliminary Schedule For Mobile HHW Collection Events". 3. ROLE OF CITY A. Scheduling: The City shall work with the County to determine the date(s) of the Events. Although every effort will be made to accommodate City requests to schedule an Event on specified dates, County shall determine the final dates if there are conflicting requests from Cities participating in the Program. B. Site Selection: The City shall coordinate with the County in locating and securing sites for the Events. It is recognized that some of the cities participating in the Program may not have appropriate sites available. 4. WASTES NOT ACCEPTED Certain hazardous waste materials shall not be accepted for collection and disposal. These include compressed gas cylinders, radioactive materials, and explosives. Other wastes not accepted are wastes produced in the course of operating a business, including a business operated out of a house. 5. TRACKING OF WASTES ACCEPTED Following each collection period, the County will provide a report to the City regarding the types and quantities of Household Hazardous Waste accepted by the Program. The report will include the amount of waste diverted for reuse or recycling, the waste management method for each waste stream and associated costs for transportation and disposal. It will be assumed for billing and reporting purposes that each city is contributing to the waste stream proportional to the number of residents served. The County will sample the types and quantities of waste contributed by residents of each jurisdiction to study the equity of sharing program costs based on an average per vehicle fee. A report on the results of the sampling will be provided to each city as part of a final Program report. 6. ADVERTISING/PUBLIC INFORMATION The parties shall cooperate to inform the public of the Program and schedule. Each party shall be primarily responsible for advertising the availability of the Program within its jurisdiction. 7. COLLECTION APPOINTMENT SYSTEM A. Scheduling Options: The County shall establish a "Hotline" to schedule appointments for Events. Three options are available for scheduling: 1. All applicants screened by city representatives prior to scheduling a Program appointment; 2. Allotted appointment evenly distributed throughout the year and County makes all appointments; 3. Appointment scheduled as residents call "Hotline", City notified when indicated participation limit is approached. City elects option 3 as its choice in utilizing the "Hotline" services for scheduling appointments. B. Reservation of Appointments for City residents: Each city or combination of cities that have previously sponsored household hazardous waste collection events shall have 75% of the planned appointments reserved for residents of the area in which the Event is scheduled. The appointments will be reserved by the County for up to three (3) weeks before the Event. After this time all remaining appointments. may be filled by residents of other jurisdictions. 8. CITY FUNDING COMMITMENT City agrees to commit up to $ 30,000 ( ) to the Program during FY91-92 to enable the County to serve 3,000 households from City at an average cost of $100 per car. 9. COST OF PROGRAM A. Start -Up Costs: Start Up Costs are defined as the cost of equipment purchases needed to begin the Program. Start -Up Costs to each of the participating jurisdictions shall be a one time fee of $.025 per -household within its jurisdiction. For non -census years, household population shall be determined by the State Department of Finance, Demographic Research Unit. Any city that joins the Program after the first year shall be required to pay a start-up cost of $.025 (annually adjusted for inflation) per household within the city. The Start -Up cost per household shall be adjusted as of July 1, 1992 and annually thereafter to reflect changes in the San Francisco -Oakland - San Jose Metropolitan Area Consumer Price Index (All Urban Consumers; 1982-84 = 100) compiled and published by the United States Department of Labor, Bureau of Labor Statistics. City Start -Up Costs are $ 360.00 B. Event,.Costs (permits, licenses, service and supplies, transportation and disposal): The Event Costs shall be initially set at a flat per vehicle fee of $100 per household that shows up at an event regardless of the quantity, volume, quality, or character of the hazardous waste collected from a resident, within the limits set forth herein. The Program will accept household hazardous wastes, within the limits set forth herein, from households who come to an event without an appointment. The jurisdiction from which the households who come to an event without an appointment will be charged the same per vehicle rate as regular appointments. C. Actual Average Cost: The County will provide City with interim cost reports following each collection period (October -December, January -February, March -April, May -June). If the interim cost reports show Event Costs are greater than projected, future Event Costs shall be adjusted to reflect this higher cost and fewer households will be served or City may elect to increase it financial commitment to the Program. If costs are less than projected, the City may elect to receive credit for a continuing program or a refund after final program costs have been computed. At the end of the fiscal year, actual costs of providing service will be used to calculate the final average per vehicle cost. 10. PAYMENT TO COUNTY The City shall pay County for Start-up Costs and Event Costs as follows: A. Start -Up Costs: County will compute each participating city's Start -Up Costs. Start -Up Costs are due within 30 days from the date of this Agreement. B. Event Costs: Payments for Event Costs are due in four (4) equal installments. Each jurisdiction will be billed 25% of its total financial commitment to the Program as identified in Paragraph 8 (A) of this document. Payment for the first collection period is due within 30 days from the date of this Agreement. The County will invoice the City 30 days before each of the subsequent collection periods. Payment for subsequent collection periods will be due on January 1, 1992, March 1, 1992, and May 1, 1992_ 11. ACCOUNTING The County shall employ means to verify the place of residence of all participants in the Program and provide a record to the City of its participating residents within two weeks following the collection period. 12. TERM OF AGREEMENT This Agreement shall be effective upon signing by both City and County 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 midnight June 30, 1992, whichever comes first. This Agreement may be extended from year to year upon written agreement of County and City. 13. HOLD HARMLESS AND INDEMNIFICATION County shall indemnify, hold harmless, and defend City, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney's fees, arising from failure to comply with any provision of this Agreement by County and/or its subcontractors or arising from performance of any of the work or providing any of the services under this Agreement, including negligent acts, except as required by the special provisions in the following paragraph. City shall indemnify County for its apportioned share of any liability incurred and attributed to the 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 the City's pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by the City's pro rata household participation at the event where the waste was generated. Unless there is no primarily responsible party, no liability shall be apportioned to the City unless the resources (including insurance) of any primary responsible hauler or responsible disposal facility operator are insufficient or unavailable to pay the necessary cost of remediation. 14. NOTICES All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: City of Cupertino City Manager City Of Cupertino Santa Clara County Lee Esquibel, Director Environmental Health Department of Public Health County of Santa Clara 2220 Moorpark Avenue San Jose, CA 95128 IN WITNESS WHEREOF, the parties have executed this Agreement. "CITY" CITY OF CUPERTINO , a municipal corporation. By: Mayor Attest: U � City Clerd APPROVED AS TO FORM: "COUNTY" COUNTY OF SANTA CLARA, a political subdivision of the State of California. a Chairperson, Board of Supervisor Dianne McKenna ®L I 1991 Atte t: Clerk, Board of Supervisors DONALD M. RAINS APPROVED AS TO FORM AND LEGALITY: City Attorney Deputy CoutY Counsel hhw:8/91:ik ATTACHMENT A ENVIRONMENTAL HEALTH OFFICE OF TOXICS ENFORCEMENT PRELIMINARY SCHEDULE FOR MOBILE HHW COLLECTION EVENTS} TOTAL EVENTS 3 5 5 6 19 CARS X EVENTS ( 400 X 3 ) + ( 400 X 5 ) + ( 600 X 5 ) + ( 600 X 6 ) = 9,800 * A mobile collection event may be have appointments scheduled for two consecutive days in accordance with the proposed Permit by Rule Regulations. 9/4/91smd (400 CAR (400 CAR (600 CAR (600 CAR EVENTS) EVENTS) EVENTS) EVENTS) JURISDICTION Oct -Dec Jan -Feb Mar -Apr May -Jun Total West Valley (1260) 1 1 1 0 3 Campbell (250) Los Gatos (400) Monte Sereno (110) Saratoga (500) North County (2000) 1 1 1 1 4 Cupertino (300) Los Altos (600) Los Altos Hills (100) Mountain View (1000) San Jose (3900) 1 2 2 3 8 Milpitas, Sunnyvale, Santa Clara (1200) 0 1 1 1 3 Milpitas (500) Santa Clara (100) Sunnyvale (600) Unincorporated (1000) 0 0 0 1 1 TOTAL EVENTS 3 5 5 6 19 CARS X EVENTS ( 400 X 3 ) + ( 400 X 5 ) + ( 600 X 5 ) + ( 600 X 6 ) = 9,800 * A mobile collection event may be have appointments scheduled for two consecutive days in accordance with the proposed Permit by Rule Regulations. 9/4/91smd RESOLUTION NO. 8530 COUNTYA RESOLUTION OF THE CITY COuNCTL OF TBE CITY OF CUpERT AUTHORIZING E=JTIC6 OF "AGENCY AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTIOU PROGRAM" W�ITH THE OF + W CLARA WHEREAS, there has been presented to the City Council an "Agency Agreement for Countywide Household Hazardous Waste Collection Program"; and WHEREAS, said agreement provides for the collection of household hazardous waste as a cooperative effort with the County of Santa Clara; and WHEREAS, the terms, conditions, and provisions of the agreement have been reviewed and approved by the City Attorney and the Director of Public Works. NOW, THEREFAE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21st day of October , 1991 by the following vote: Vote Members of the City Council AYES: Goldman, Rogers, Sorensen, Szabo, Koppel NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius City Clerk /s/ Barb Koppel Mayor, City of Cupertino FIRST AMENDMENT TO AGREEMENT This is the first amendment to that certain agreement between the city of Cupertino (City) and County of Santa Clara (County) entitled AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD WASTE COLLECTION PROGRAM, entered into on the �EG1 7 1991 day of 1991. The parties agree that: 1. Section 2, SERVICES PROVIDED BY COUNTY, is amended in full to read: SERVICES PROVIDED BY THE COUNTY The County shall conduct Household Hazardous Waste Collection Events (Events) at various sites located in Santa Clara County. The County shall obtain all necessary permits and licenses required for the Events and shall provide or contract for the services of properly trained, qualified personnel and/or 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 Events. Contractors who provide hazardous waste transportation, treatment, or disposal services shall have insurance with the following minimum limits: General Comprehensive-- $1 million per occurrence, $2 million aggregate; Auto --$1 million; workers comp. --statutory limits established by law; and environmental impairment liability --$1 million per occurrence, $2 million aggregate. Other contractors shall have insurance in amounts to be determined by the County Insurance Manager, after consultation with City. All insurance certificates shall name the City, its officers and employees as additional insureds. Other services to be provided by the County include establishing -and operating a telephone hotline to schedule appointments for the Events and to provide information about household hazardous materials. The telephone hotline shall be operated 5 days a week, Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m., excluding holidays. County intends to schedule Events during four collection periods as indicated in Attachment A, "Preliminary Schedule For Mobile HHW Collection Events". 2. Section 5, TRACKING OF WASTES ACCEPTED, is amended in full to read: TRACKING OF WASTES ACCEPTED Following each collection period, the County will provide a report to the City regarding the types and quantities of Household Hazardous Waste accepted by the Program. The report will include the amount of waste diverted for reuse or recycling, the waste management method for each waste stream and associated costs for transportation and disposal. It will be assumed for billing and reporting purposes that each city is contributing to the waste stream proportional to the number of residents served. For purposes of any potential disposal liability, each participating jurisdiction shall be deemed a discharger of only its pro rata proportion of household participation in the Program. The County will sample the types and quantities of waste contributed by residents of each jurisdiction to study the equity of sharing program costs based on an average per vehicle fee. A report on the results of the sampling will be provided to each city as part of a final Program report. 3. Section 913, EVENT COSTS, is amended fully to read: Event Costs (permits, licenses, service and supplies, transportation, disposal, and costs of providing insurance as required by Program): The Event Costs shall be initially set at a flat per vehicle fee of $100 per household that shows up at an event regardless of the quantity, volume, quality, or character of the hazardous waste collected from a resident, within the limits set forth herein. The Program will accept household hazardous wastes, within the limits set forth herein, from households who come to an event without an appointment. The jurisdiction of the households who come to an event without an appointmewnt will be charged the same per vehicle rate as regular appointments. 4. Except as amended herein, all terms and conditions of said agreement shall remain in full force and effect. WHEREFORE the parties have entered into this amendment to agreement on the dates shown below: "CITY° CITY OF Cupertino a municipal corporation DATE /- / W- 9.;z "COUNTY" COUNTY OF SANTA CLARA, a political subdivision of the State 'of California. DATE nor 1 7 1991 Mayo r.i Chairperson, Boar of Supe Isor Dianne McKenna Attest: Attes - l City Cle Clerk, Board of Supervisors DONALD M. RAINS APPROVED AS TO FORM: APPROVED AS TO FORM AND LEGALITY: LZ6� City Attorney Deputy Coun y Counsel hhw:1 1/26/91 :ik ATTACHMENT A ENVIRONMENTAL HEALTH OFFICE OF TOXICS ENFORCEMENT PRELIMINARY SCHEDULE FOR MOBILE HHW COLLECTION EVENTS* (400 CAR (400 CAR (600 CAR (600 CAR EVENTS) EVENTS) EVENTS) EVENTS) JURISDICTION Oct -Dec Jan -Feb Mar -Apr May -Jun Total West Valley (1260) 1 1 1 0 3 Campbell (250) Los Gatos (400) Monte Sereno (110) Saratoga (500) North County (2000) 1 Cupertino (300) Los Altos (600) Los Altos'Hills (100) Mountain View (1000) San Jose (3900) 1 Milpitas, Sunnyvale, Santa Clara (1200) 0 Milpitas (500) Santa Clara (100) Sunnyvale (600) Unincorporated (1000) 0 1 1 1 4 2 2 3 8 1 1 1 3 0 0 1 1 TOTAL EVENTS 3 5 5 6 19 CARS X EVENTS ( 400 X 3 ) + ( 400 X 5 ) + ( 600 X 5 ) + ( 600 X 6 ) = 9,800 * A mobile collection event may be have appointments scheduled for two consecutive days in accordance with the proposed Permit by Rule Regulations. 9/4/91smd RESOLUTION NO. 8562 RESOLUTION OF i COL)NCIL OF i OF •�•� • AUTHORIZEC E►� r. •FIRSTIDI n IE • r,• EEI� CrI PROGRAM BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF • ERTI• WAS, there has been presented to the City Council "First Amendment to Agreement", associated with "Agency AgreesIent for Countywide Household Waste Collection Program", between the County of Santa Clara and the City of Cupertino"; and WHEREAS, the provisions, terms, and conditions of said "First Amenhnent to Agreement", have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, ARE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the aforementioned agreemelzt and authorizes the Mayor and the City Clerk to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOP'T'ED at a regular meeting of the City Council of the City of Cupertino this 6th day of January , 1992, by the following vote: Vote Members of the City Council AYES: Dean, Goldman, Koppel, Szabo, Sorensen NOES: None ABSENT: None Z.yy: l g • ATTEST: /s/ Dorothy Cornelius City Clerk • • •�• —7 /s/ Lauralee Sorensen Mayor, City of Cupertino (HIO Icd TID CERTIFY THAT THE WITHIN 19 ATRUE AND CORRECT COPY OF THE ORIGIN ON FILE IN THIS OFFICE. ATTEST— CITY CITY CL'ZIIK F TH CI OF UPERTINO 1j Y_ \,- CITY CLE&K SECOND AMENDMENT TO AGREEMENT This is the second amendment to that certain agreement between the CITY OF CUPERTINO (City) and County of Santa Clara (County) entitled AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD WASTE COLLEC T iON PROGRAM, entered into on Juiy 30, 1991, and previously amended on December 17, 1991. The parties agree that: 1. Section 12, TERM OF AGREEMENT, is amended in full to read: This Agreement shall be effective upon signing by both City and County and shall remain in full force and effect until terminated by either party hereto upon thirty (30) days written notice to the other party or until midnight September 30, 1992, whichever comes first. This Agreement may be extended from year to year upon written agreement Of County and City. 2. Schedule A is amended to include up to four Events from July 1992 through September 1992. 3. Except as amended herein, all terms and conditions of said agreement all remain in full force and effect. RESOLUTION NO. 8674 • - • •' • 1 ••• • • 1 • .01. 1 • • • -1-411061 �►� •: • ••; It I� I� I� • •.r.• DID Iii •- •• �� • • f•- I` •• • WHEREAS, there has been presented to the City Council "Second Amendment to Agreement", associated with "Agency Agreement for Countywide Household Hazardous Waste Collection Program", between the County of Santa Clara and the City of Cupertino; and WHEREAS, the provisions of said "Second Amendment to Agreement" have been reviewed anu approved by iche Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of June , 1992, by the following vote: Vote Members of the City Council AYES: Dean, Goldman, Koppel, Sorensen NOES: None ABSENT: Szabo ABSTAIN: None ATTEST: /s/ Dorothy Cornelius City Clerk /s/ Lauralee Sorensen Mayor, City of Cupertino THIS IS TO CERTIFY T-i,'.T 9--r ""P!ilh INSTRUMENT IS ATRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. ATTEST CITY CLER THE;CITY❑IFCUPERTINO 9Y �Jb..i C I