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80-036 JPA North Santa Clara County, Solid Waste Management AuthorityTelephone (408) 730-7421 October 6, 1989 City of Cupertino Office of the City Clerk I 0300 Torre Avenue Cupertino, CA 95014 Attention: Shirelle Subject: Mountain View Termination Agreement Dear Shirelle: Enclosed per your request is a copy of the fully executed termination agreement. Please call me if you need any additional information. v~V-~ Valerie A. Lenz / 7 ) Solid Waste Program Manager VAL:lh Encl. ADDRESS ALL MAIL TO: P.O. BOX 3707 SUNNYVALE, CALIFORNIA 94086-3707 For deaf access, call TDD/TTY (408) 730-7501 \ " ( ( MODIFICATION OF "1984 SOLID WASTE DISPOSAL PARTICIPATION AGREEMENT" TO TERMINATE SOLID WASTE DISPOSAL SERVICES AT MOUNTAIN VIEW LANDFILL--CUPERTINO, LOS ALTOS, LOS ALTOS HILLS, SUNNYVALE AND MOUNTAIN VIEW THIS AGREEMENT, dated Aburn'2uir:26i_~, 1988 for conven-ience, is entered into by and between the CITY OF MOUNTAIN VIEW, a chartered municipal corporation,.hereinafter referred to as "CITY," and the CITY OF CUPERTINO, the CITY OF LOS ALTOS, the TOWN OF LOS ALTOS HILLS, and the CITY OF SUNNYVALE, each being a municipal corporation, hereinafter referred to singularly as "USER" and collectively as "USERS." The CITY and the USERS are sometimes hereinafter jointly referred to as the "PARTIES." RECITALS A. On or about May 1, 1984, the PARTIES entered into an Agreement entitled "1984 Solid Waste Disposal Participation Agreement--Cupertino, Los Altos, Los Altos Hills, Sunnyvale and Mountain View," hereinafter referred to as the "1984 Agreement," which provided, among other things, for the financing and acqui-sition of certain real property located in Mountain View, the use by USERS for 8 to 10 years of such property, along with adjacent land owned by CITY, as a Class III sanitary landfill (collec-tively referred to as "LANDFILL") and the allocati·on· o·f· costs associated with such activities. B. Compliance with Federal, State and other regulations and the protection of the environment have substantially increased the costs of operating the Mountain View LANDFILL to the extent that other solid waste disposal alternatives are less expensive for PARTIES at this time. c. The remaining available capacity in the permitted por-tion of the LANDFILL is extremely limited, use of the unpermitted portions of such property would be difficult and expensive, and the PARTIES desire to terminate CITY's solid waste disposal services for USERS at the Mountain View LANDFILL, and to modify the 1984 Agreement accordingly. NOW, THEREFORE, in consideration of the Recitals and mutual obligations contained herein, the PARTIES agree as follows: 1. Purpose. The purpose of this Agreement, hereinafter sometimes referred to as the "Modification Agreement," is to modify the 1984 Agreement to provide for the early discontinuance of waste disposal services and the termination of USERS' capacity rights at the Mountain View LANDFILL, to terminate concurrently therewith USERS' obligations under the 1984 Agreement with respect to their use of the Mountain View L~NDFILL, and to modify -1- ( ( the financial obligations of the PARTIES pursuant to the 1984 Agreement, which is incorporated herein by reference. In the event of any conflict or inconsistency between the provisions of this Modification Agreement and the 1984 Agreement, the provisions of this Modification Agreement shall control. Except as otherwise provided herein, the provisions of this Agreement shall become operative as of the normal closing time of the LANDFILL on Saturday, November 26, 1988 (referred to herein as the "OPERATIVE DATE"). 2. Site Acquisition Cost and Debt Service Payments. The PARTIES agree to modify the site acquisition cost and debt service payments that fund the debt service on the certificates of participation as set forth in the 1984 Agreement as follows: a. USERS shall continue to make the scheduled pay-ments through the seventh fiscal year, with the final payment due from USERS in May 1991. b. In the eighth and ninth fiscal years, CITY will become obligated to make all scheduled payments, commencing with the payment due in November 1991, and continuing through May 1993. USERS shall have no obligation to make said payments and, to the extent any third party asserts any obligation on the part of any user to make any such payment, CITY shall make said payments on behalf of USERS, at no cost to USERS, and shall indemnify, defend and hold harmless USERS f-rom'.,'"any'".·such claims. c. The funds for the tenth and final fiscal year of payments (due in November 1993 and May ~994), are presently in a reserve account and such tenth year payments shall be made from that reserve account. USERS shall have no obligation to make said payments and, to the extent any third party asserts any obligation on the part of any user to make any such payment, CITY shall make said payments on behalf of USERS, at no cost to USERS, and shall indemnify, defend and hold harmless USERS from any such claims. d. Each USER shall continue to receive its propor-tionate share of interest generated by said funds in said reserve account, if any, as set forth in the 1984 Agreement. 3. Diversion of Refuse from LANDFILL. Starting Monday, November 21, 1988, Cupertino, Los Altos, Los Altos Hills and Mountain View diverted their refuse from LANDFILL to the Newby Island Landfill. Starting Sunday, November 27, 1988, Sunnyvale diverted that portion of its refuse that previously had been going to LANDFILL to the Sunnyvale Landfill. -2- ( ( 4. Maintenance and Operation Costs. a. Through November 20, 1988, maintenance and operation costs shall continue to be paid to CITY by USERS pursuant to the 1984 Agreement. For the period November 21, 1988 through November 26, 1988, maintenance and operation costs, as defined under the 1984 Agreement, shall be paid to CITY by the City of Sunnyvale. b. Subsequent to the OPERATIVE DATE, all maintenance and operation costs shall be borne by CITY. 5. Indemnification. Following diversion of each of the USER'S solid waste from CITY'S LANDFILL, CITY shall indemnify, defend, and hold harmless each of the USERS, their officers, employees and agents, from any and all liability and claims for loss, damage or injury to, or death of, persons or property arising from or related to the LANDFILL, including, but not limited to, all costs resulting from compliance with Federal, State or regulatory agency laws or regulations, and any fines, penalties or judgments awarded or imposed as a result of any noncompliance with such laws or regulations. CITY shall further indemnify, defend and hold harmless each of the USERS, their officers, employees and agents, from any and all liability or claims of a contractual, tortious or any other nature, asserted by any person or entity claiming an interest in the 1984 Agreement, it being the intent of this provision·that the CITY indemnify, defend and hold harmless USERS, their officers, employees and agents, from any and all claims that this Agreement or any actions pursuant to it are in any way in violation of any rights of persons or entities involved in the financing of the acquisition and development of the LANDFILL. 6. Accounting and Billing. Within sixty (60) days of the OPERATIVE DATE, CITY shall prepare an accounting and allocation of all costs incurred by USERS pursuant to the 1984 Agreement up to the OPERATIVE DATE of this Agreement, and shall invoice each of the USERS for the current balance of all moneys due CJTY. Within three hundred (300) days following the invoice date, each of the USERS shall pay its current remaining balance in full to CITY (excluding the site acquisition cost payments to service the certificates of participation debt as set forth herein). Any payment amounts not received by CITY within thirty (30) days of the invoice date shall accrue interest at the rate of the yield of CITY's investment portfolio dtiring that period. 7. Relinquishment of Capacity Rights and Termination of Service. The PARTIES acknowledge and agree that as of the day each of the USERS diverts its solid waste to an alternative site, each USER relinquishes any and all remaining capacity rights, if any, in CITY's sanitary LANDFILL, and CITY is discharged and released from any further obligation to proyide solid waste -3- ( ( disposal services to USERS except as set forth in this Modification Agreement. Concurrent with said relinquishment by CITY, each USER shall be discharged and released from any and all obligations under the 1984 Agreement which relate to the use of the LANDFILL by USERS, except as set forth in this Modification Agreement. The obligations from which USERS. are discharged and released include, but are not limited to: any obligation to make any payments or assume any monetary liability, except as provided in this Modification Agreement; any obligation to assume any responsibility for closure costs, over and above those already paid, as part of the per ton costs for disposal at LANDFILL, pursuant to Section 2.03 of the 1984 Agreement; any obligation to provide CITY with periodic reports or estimates of usage; and any obligation that USERS use CITY's LANDFILL as the exclusive site for their solid waste disposal. 8. Use of the 70-Acre Site Adjacent to Crittenden. The PARTIES acknowledge and agree that CITY may, in its sole dis-cretion, use the site for any and all lawful purposes. 9. Effective Date. This Modification Agreement shall become effective upon that date upon which it is fully executed by all of the respective authorized representatives of each of the PARTIES. This date shall be inserted by the last respective to execute said Agreement. 10. Public Disposal. The City of Sunnyvale. agrees to make available to CITY disposal capacity at Sunnyvale's landfill equal to the capacity at CITY'S LANDFILL used by Sunnyvale under the 1984 Agreement during the period of November 20, 1988 through November 26, 1988. Said capacity may be used by the City as it now utilizes its public dump and franchised refuse haulers from CITY are allowed only to the extent they deliver debris boxes. CITY shall compensate Sunnyvale for any capacity used under this section in the following manner. The total costs incurred by Sunnyvale under the 1984 Agreement attributable to its waste disposal at CITY's LANDFILL for the period November 21, 1988 through November 26, 1988, shall be divided by the number of tons of waste disposed of by Sunnyvale ab the LANDFILL during said period. CITY shall pay to Sunnyvale the resulting per ton price for each ton, or pro rata portion thereof, of waste disposed of at Sunnyvale's landfill under this section. CITY shall provide City of Sunnyvale with adequate advance notice of its intent to utilize capacity rights under this section. Sunnyvale shall not be obligated to provide the capacity called for in this section if prevented from doing so by circumstances beyond its reasonable control including, but not -4- "" ~ ., .. ( ( limited to, closure of the Sunnyvale landfill prior to the exercise of rights under this section or inadequate remaining capacity at the time of such exercise. IN WITNESS WHEREOF, each party has caused this Modification Agreement to be executed. "CITY": CITY OF MOUNTAIN VI~ ~~U~· APPROVED AS TO CONTENT: rlw~ ~ttte1 Administrative Services Director "USERS": City Attorney A1~ROVED AS TO FORM: U-ufl,~~~ CitjMaflager d~~~ City Clerk ____. . . } .. ~P1?130'~Dr~S Tb ' ORM: I//// ~~ ~City Attor·ney ~~~ ity Manag CSE/ATY/1109-1025A -5- CITY OF SUNNYVALE Public Works Department TO: Distribution List March 28, 1988 FROM: Valerie Lenz SUBJECT: Amended Memorandum of Understanding Attached, for your files, is the amended Memorandum of Understanding with all the signatures. ~n~l#~ Solid Waste Program Manager (J,r;vl VAL:vm Enclosure _.- AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF PALO ALTO, CITY OF LOS ALTOS, CITY OF LOS ALTOS HILLS, CITY OF MOUNTAIN VIEW, CITY OF SANTA CLARA, CITY OF SUNNYVALE, CITY OF CUPERTINO, AND COUNTY OF SANTA CLARA, PERTAINING TO LANDFILL CAPACITY ACQUISITION ARTICLE I. PURPOSE To enable the parties to take a collective approach to serving their long-term needs for landfill capacity, the parties have adopted a Memorandum of Understanding (M.O.U.) which authorizes a negotiating team to issue a single Request for Proposals to secure proposals from eligible landfill operators to provide landfill capacity for an additional twenty-five (25) years, and to establish a due date for responses to the Request for Proposals. Said M.O.U. designates the city managers of the respective cities and the County Executive Officer of the County of Santa Clara as authorized agents for the purposes of administration of th~ M.a.u., and said M.O.U. further provides that it is to be in full force and effect through March 31, 1988, and that any extensions must be agreed to in writing by the authorized agents of all of the parties. To enable the parties sufficient additional time to consider Proposals and to act upon them, the parties adopt this Amended M.O.U. ARTICLE II. PARTIES TO M.O.U.; EFFECTIVE DATE The parties to this M.O.U. are City of Palo Alto, City of Los Altos, City of Los Altos Hills, City of Mountain View, City of Sunnyvale, City of Santa Clara, City of Cupertino, and County of Santa Clara. This amended M.O.U. shall be effective upon execution by an authorized representative of the governing body of each party, and thereupon shall supersede the original M.O.U. ARTICLE III. DEFINTTIONS As used in this M.O.U., the following terms shall have the following meanings: (a) "Gate fee" shall mean the cost of disposal of material after it has reached the gate of a landfill. (b) "Reservation fee" shall mean a fee paid by a party to guarantee its right to future capacity in the landfill, as distinguished from the actual cost of disposal of materials at the time of their disposal. ·' ARTICLE IV. AUTHORIZED AGENTS: NEGOTIATING TEAM (a) The city managers of the respective cities and the County Executive Officer of County of Santa Clara are designated as authorized agents for the purposes of administration of this M.O.U. (b) The authorized agents shall select a negotiating team and a chief spokesperson for the team. The team is authorized to issue a Request for Proposals under Article V of this M.O.U. and to conduct any and all related discussions with landfill operators or their authorized representatives. ARTICLE V. REQUEST FOR PROPOSALS The negotiating team shall issue, on behalf of all parties, a single Request for Proposals to secure proposals from eligible landfill operators to provide landfill capacity sufficient to guarantee twenty-five (25) years of additional landfill at a uniform gate fee for all parties. Any such Request for Proposals shall specify that any reservation fees shall be borne by individual parties and not spread among the parties or included in gate fees. The negotiating team shall establish a due date for responses to the Request for Proposals. ARTICLE VI. NO INDEPENDENT CONTACT While this M.O.U. is in effect, any and all contact with any owner or operator of a landfill in Santa Clara County, or representative thereof, on behalf of the parties, or any of them, shall be solely through ·the chief spokesperson for the team. No party shall, individually or collectively, make any contact or have any discussion with any such owner, operator, or representative thereof on matters related to acquisition of landfill capacity on behalf of any party to this M.O.U. while this M.O.U. is in effect. ARTICLE VII. TERM OF M.O.U. This M.O.U. shall be in full force and effect through May 31, 1988. Any extensions must be agreed to in writing by the authorized agents of all of the parties. ARTICLE VIII. WITHDRAWAL, TERMINATION, AND NOTICE (a) Any party to this M.O.U. may withdraw from it at any time after the due date for responses to the Request for Proposals. Withdrawal shall be done by serving written notice upon the city manager of each city and upon the County Executive Officer of County of Santa Clara. Service is accomplished upon deposit of said notice by first class mail with the United States Postal Service, and any A-9 -2- . ' such party serving notice shall be deemed to have withdrawn from ,this M.O.U. two (2) weeks after the date of service. (b) Upon the withdrawal of any party to this M.O.U., or upon agreement by all parties that a collective approach to landfill acquisition should not be pursued, the parties shall, individually and collectively, refrain from making any contact or having any discussion with any such owner or operator of a landfill in Santa Clara County, or representative thereof, on matters related to acquisition of landfill capacity for a period of ninety (90) days (1) following the due date for responses to the Request for Proposals, or (2) following the conclusion of the two (2) week termination notice period, whichever occurs last. A-9 -3- CITY OF SUNNYVALE ::tl~~- Dated 3/.2.-4 L_'tl ~ I c~=o By ~~-,__ Title e~ Dated 3 p.ttf /97 ? 7 Approved as to Form: By c;;//~<r-e /C r-8'1.o>-e.,,,.____, Title A-9 -4- COUNTY OF SANTA ~. By~ •·· Title C-0L.vvi.~ ~..P-~ ;f__d--YJ Dated ~ -d.. -2 ~ NORTH SANTA CLARA COUNTY SOLID WASTE. MANAGEMENT AUTHORITY 505 West Olive Avenue, Suite 435 Sunnyvale, California 94086 (408) 773-9417 Dorothy Cornelius City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Dorothy: August 18, 1982 Enclosed is a fully executed copy of the Joint Exercise of Powers Agreement dated July l, 1982, which created the Authority for your permanent records. Also enclosed is a copy of the extension of the previous 1977 Agreeme,nt which apparently did not get distributed to all signatories. If you have any questions concerning either of these documents~ then please give me a call. Thank you for your assistance. TMH/cc enclosures Sincerely yours~· ~~~ Thomas M. Henderson General Manager JOINT EXERCISE OF POWERS AGREEMENT NORTH SANTA CLARA COUNTY SOLID WASTE MANAGEMENT AUTHORITY CITY OF CUPERTINO, CITY OF LOS ALTOS, CITY OF THE TOWN OF LOS ALTOS HILLS, CITY OF PALO ALTO AND CITY OF SUNNYVALE THIS AGREEMENT, is dated for convenience the first day of July, 1982, by and among the PARTIES signatory hereto, hereinafter called "PARTIES". W I T N E S S E T H: WHEREAS, each of the PARTIES to this Agreement is a "public agency" as this term is defined in Title l, Division 7, Chapter 5, Section 6500 et seq. of the Government Code of the State of California, commonly known as the Joint Exercise of Powers Act, hereinafter ca 11 ed "Act 11 ; and WHEREAS, two or more public agencies under terms of the Act may by agree- ment jointly exercise any powers common to the contracting PARTIES; and WHEREAS, each of the PARTIES hereto has the power to acquire, construct, complete and operate solid waste collection, transfer and disposal facilities, and facilities for the recovery of material resources and energy contained within solid waste, and the PARTIES propose by this fgreement to exercise said power jointly for the purposes, principles and objectives hereinafter set forth, each party being willing to plan with the other PARTIES for future solid waste disposal and resource and energy recovery facilities which wi1l protect all of the PARTIES; and WHEREAS, it is the desire of each public agency to use any powers common to the public agencies that are PARTIES to this Agreement that will make more efficient the use of the powers of the individual member agencies in the conservation of natural resources, acquisition, construction, maintenance or 1 operation of solid waste transfer station, processing facility or landfill sites, and to generally provide for the safe, reliable, environmentally sound, technically, institutionally, politically and economically feasible collection, treatment and disposal of solid waste generated through the year 2012 by the North County Region of Santa Clara County; and WHEREAS, the PARTIES shall be guided by the following general principals: l. To conserve resources by promoting the recycling and reuse of materials of solid waste, recovery of the energy value of solid waste and reduction of the PARTIES 1 dependency on the use of landfills; 2. To provide all PARTIES with at least thirty (30) years of solid waste disposal capacity; 3. To provide such capacity in a manner which is technically, economically and environmentally feasible. 4. To encourage and foster participation of the public in the planning, scheduling and development activities of the Authority; and WHEREAS, the PARTIES wish to pursue the following specific objectives: l. To obtain for all PARTIES at least five (5) years of interim landfill capacity; 2. To complete by November, 1983, a Project Feasibility Report which shall include plans for development of solid waste disposal capacity for a period of at least twenty-five (25) years, an implem~ntation schedule for development of such capacity and seTect ion of a development contractor procurement approach; 3. To begin by July, 1985, construction of such new facilities as will be required to provide the desired long term solid waste disposal capacity; 4. To complete and begin operation by July, 1987, these nevi facilities which may include transfer stations, landfills, materials recovery and energy recovery facilities. NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the PARTIES do hereby agree as follows: 2 ARTICLE I PURPOSE It is the purpose of this Agreement to establish pursuant to the Joint Exercise of Powers Act a public entity separate from the PARTIES to the Agree- ment to be know as THE NORTH SANTA CLARA COUNTY SOLID WASTE MANAGEMENT AUTHORITY, hereinafter referred to as the "Authority". The purpose of the Authority shall be to make more efficient use of the common powers of individual member public agencies composing the Authority, to plan, acquire, construct, maintain, or operate systems, plants, buildings, works or other facilities or property for the collection, transfer, disposal, treatment or conversion to energy and reusable materials of solid waste and to further exercise joint powers to accomplish the principles and objectives set forth in the preamble of this Agreement to the extent permitted by laws and regulations governing such operations. ARTICLE I I POWERS ANO FUNCTIONS A. Pm,,iers of the Authority. The Authority shall. have the powers common to its members and is hereby authorized to do all acts necessary for the exercise of said common powers, including but not limited to any and all of the following: to make and enter into contracts; to employ agents and employees; construct, manage, maintain or operate any building, works or improvements wherever located; acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporation~ and any governmental entity; and to sue and be sued in its own name; and generally to do any and all things necessary or convenient to effectively and efficiently fulfill its purpose as set forth herein. 3 Without limiting the foregoing generally, the Authority may or may direct its agent to: l. Acquire and dispose of all kinds of property and utilize the power of eminent domain, except that the power of eminent domain may not be exercised within the corporate limits of any member city without the consent of said city. 2. Issue or cause to be issued bonded and other indebtedness, and pledge any property or revenues as security to the extent permitted by 1aw, either under the Act or otherwise, including, but not limited to, bonds or other evidences of indebtedness of a nonprofit corporation issued on behalf of the Authority or any of its members. 3 Obtain in its own name all necessary permits and licenses, opinions and rulings. 4. Whenever necessary to facilitate the exercise of its powers, form and administer nonprofit corporations to do any part of what the Authority could do, or to perform any proper corporate function, and enter into agreements with such a corporation. 5. To levy and collect fees and charges, including administrative, maintenance and operation costs, as provided in this Agreement, against any and all entities or individuals. 6. To adopt, as authorized by law, ordinances and resolutions necessary for enforcement of this Agreement. 7. To adopt annually prior to the first day of April, a work program and budget setting forth all administrative, maintenance, operational and capital expenses for the Authority for the following fiscal year, together with the apportionment of such expenses to each agency, all to be in accordance with the Agreement. The term "fi seal year" shall mean the period from July 1 to and including the following June 30. 4 8. To invest any money in the treasury not required for the immediate necessities of the Authority, as the Authority determines adv1sable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the Government Code of the State of California. 9. To procure public liability and other insur~nce to protect the Authority, its employees and agents and each of the PARTIES hereto charging the cost thereof to the operating costs of the Authority.· B. Limitation of PARTIES Obligations. The Authority shall be a public entity separate from the Parties. No debt, liability,, or obligation of the Authority shall constitute a debt, liability, or obligation of any member party and each party's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as the PARTIES hereto may agree to and direct in accordance with this Agreement. C. Contracting Among PARTIES. Any of the PARTIES hereto, including the Authority, may contract with one or more of the other PARTIES for the mutual benefit of the PARTIES and the Authority, concerning any matter relative to achieving the purposes herein set forth to the extent permissible under the law. D. Enforcement by Authority. The Authority is hereby authorized to t.ake any and all legal or equitable actions, including but not limited to injunction and specific performance, necessary and permitted by law to enforce this Agreement. ARTICLE II I ORGANIZATION OF THE AUTHORITY A. Governing Board. The Authority shall be governed by the NORTH SANTA CLARA COUNTY SOLID WASTE MANAGEMENT BOARD, herein after ca 11 ed "Board", which shall exercise all powers and authority on behalf of the Authority. 5 ' I B. Board Members and Officers. 1. The Board shall consist of one elected member of the governing body of each of the PARTIES. Each Party shall appoint one of its members to serve as a regular member of the Board and another of its members to serve as an alternate member of the Board in the absence of the regular member. Each member and alternate shall hold office from the first meeting of the Roard after his or her appointment and until a successor is selected, provided that a member shall be eligible to serve on the Board only as long as he or she remains an elected official. Each member and alternate shall serve at the pleasure of the governing body of the appointing Agency. 2. The Board shall elect from its members a Chairperson and a Vice Chairperson who shall preside over all meetings according to the Rules of Procedure adopted by the Board. The Board Chairperson shal 1 represent the Authority and execute any contracts, deeds and other documents when required by the Rules of Procedure of the Authority. including agreements with or certifications to other governmental entities. C. Technical Advisory Committee. There shall be a staff committee known as the NORTH SANTA CLARA COUNTY SOLID WASTE TECHNICAl ADVISORY COMMITTEE, herein after called 11TAC", to provide staff assistance and advice to the Board. The TAC shall be composed of the City Manager or County Administrator and Public Works Director from each Party. Each TAC member may from time to time designate alternates who shall act in the absence of the regular member. D. General Manager. There shall be a general manager who shall be the chief administrative officer of the Authority. He or she shall be responsible to the Board for the administration of all Authority affairs and serve as Secretary to the Board. 1. Appointment, Removal and Compensation. The Board shall appoint a general manager for an indefinite term by a majority vote of all the Board members. The Board may enter into a contract with the general manager setting forth terms and conditions of employment, provided that any such contract shall reserve the right to terminate at the pleasure of the Board. 6 2. Duties. The general manager shall: a. Attend all Board meetings and may take part in discussions but may not vote~ b. See that all laws, provisions of this Agreement and acts of the Board, subject to enforcement by him or her, are faithfully executed. c. Prepare and submit the annual work program and budget. d. Make such other reports as the Board may require. e. Keep the Board fully advised as to the financial condition and future needs of the Authority and make such recommendations to the Board concerning the affairs of the Authority as he or she deems desirable. f. Sign contracts on behalf of the Authority pursuant to the provisions of the Rules of Procedure and approve all payments of demands aga~nst the Authority. g. Perform such other duties as are specified in this Agreement or as may be required by the Board. h. Appoint, provide general superv1s1on and remove all employees of the Authority under merit system Rules of Procedure adopted by the Board. E. Treasurer and Controller. The Board shall, pursuant to the Act, designate a Treasurer to be the depository and custodian of all Authority funds and a Controller to draw warrants to pay demands and to make or contract for an annual audit. F. General Counsel. The Board shall appoint a general counsel for an indefinite term by a majority vote of all the Board members. The Board may enter into a contract with the general counsel, setting forth the terms and conditions for provision of legal services. G. Quorum and Voting. A majority of the members of the Board shall I constitute a quorum for the transaction of business~ except that less than a quorum may adjourn from time to time. A majority affirmative vote of Board members present and voting shall be required to take any action except to 7 adjourn or as provided herein below. Each member of the Board shall have one vote. H. Extraordinary Vote. A two-thirds majority affirmative vote of the total members of the Board shall be required to take the following actions: l. To adopt or amend the annual work program and budget or contribution allocation formula; 2. To authorize Projects for the collection, transfer, disposal, treatment or conversion to energy and reusable materials of solid waste, including but not limited to land acquisition, financing~ cost allocation and capacity; I. Meetings of the Board. 1. Regular Meetings. The Board shall hold at least four (4) regular meetings each year. The date upon which, and the hour and place at which each such regular meetings shall be held shall be fixed by the Rules of Procedure. 2. Seecial Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the California Government Code. 3. Notice of Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, being Section 54950 et seq. of the California Government Code, and other applicable laws of the State of California requiring notice of meetings of public bodies to be given. J. Governing Documents. In addition to this Agreement, the following documents shall govern the actions of the Authority: l. The Rules of Procedure~ attached hereto and incorporated herein as Exhibit A, and as may be amended or revised by the Board from time to time. 2. For Fiscal Year 1982-83, the Annual Work Program and Budget attached hereto and incorporated herein as Exhibit B, and as may be amended or revised by the Board from time to time. 8 3. For-Fiscal Year 1982-83, the Annual Contribution of the PARTIES . attached hereto and incorporated herein as Exhibit C. K. Status of Authority Officer, Agents and Employees. None of the officers, agents, or employees directly employed by the Authority or engaged on a contractual basis shall be deemed, by reason of their employment by the Authority, to be employed by any member Party. In lieu of direct employment, the Authority is authorized to enter into agreements with one or more of the PARTIES for employment of personnel and reimbursement of the expenses associated with such employment. ARTICLE IV TERM OF AGREEMENT A. Effective Date of Agreement. This Agreement shall become effective on the date of its execution by all the PARTIES and shall continue in effect until terminated as provided herein. B. Termination by a Party. This Agreement shall remain in effect as to any Party, unless and until it is terminated as to such Party. 1. A Party wishing to withdraw from membership in the Authority shall give notice in writing to the Board and all other PARTIES prior to the first of January of the year in which it wishes to withdraw. The date of termination as to the noticing Party shall be the first of July following its giving notice of its intention to withdraw. Termination by and as to any party shall not terminate this Agreement as to the remaining PARTIES or the existence of the Authority herein created. 2. Notwithstanding the provisions of the above subparagraph 1, any Party may withdraw upon giving thirty (30) days written notice to the Board and all other PARTIES if within· sixty (60) days of the Board's acceptance of the "Project Feasibility Report", described in the Annual Work Program incorporated herein as Exhibit B, said Party decides it is not in its best interest to continue to participate in the activities of the Authority. 9 3. Any Party so terminating shall be obligated to pay all emcumbrances and indebtedness owed by it to the Authority as of the date of termination as a condition precedent to such termination and withdrawal; provided, however, that this obligation shall not extend to indebtedness of the Authority or any nonprofit corporation created by the Authority and secured by contracts with member PARTIES unless so specified in such contract. C. Division of Property on Dissolution. Upon dissolution of the Authority as a legal entity, all debts of and advances to the Authority shall be paid, and the property of the Authority, whether real or personal, shall be divided among and distributed to all of the PARTIES who at any time during the existence of Authority were PARTIES to this Agreement in proportion to the nonreimbursed costs borne by each such Party to the Authority during its legal existence. ARTICLE V FINANCING A. Annual Contributions. Each Party hereto agrees that it will annually contribute to the Authority in proportion to its respective total annual solid waste tonnage, funds sufficient to cover the administrative expenses of the Auth?rity not provided for by any revenue producing project or other sources of the Authority. The allocation formula used to determine the annual contribution shall be as provided in Exhibit C, until and unless changed by the Board. Each Party will be billed quarterly in advance for its proportional share of the approved budget, which obligation each Party shall pay within 15 days of such billing. B. Project Financing. Projects for the transfer, disposal, treatment or conversion to energy and reusable materials of solid waste shall be subject to separate contracts between the Authority. and PARTIES. Costs associated with the development, operation and maintenance of Projects shall be as specified in the separate contracts in proportion to the benefit derived by the individual PAR TI ES. 10 C. Contribution Refunds. Except as otherwise provided in this Agreement, there sha 1l be no repayment or return to any signatory Party of all or any part of any payments, advances, or contributions in cash or in kind to the extent the Authority has financed or relied upon funds for payment of its obligations. D. Contracts and Purchases. Contracts for improvements and purchases of supplies, materials and services other than professional or specialized services shall be made whenever praticable on the basis of specifications and competitive bids. The Rules of Procedure of the Authority shall provide for a system of contracting and purchasing and shall include a provision for formal sealed bids to be secured for all such contracts and purchases when the transaction involves more than a specific amount established by ordinance. The Board, upon recommendation of the general manager, may by resolution adopted by a two-thirds affirmative vote of the members present and voting waive competitive bidding procedures when it finds calling for bids is impracticable, unavailing, impossible or not in the best interest of the Authority. Transactions shall be by written order of the Authority and signed by a duly authorized representative on behalf of the Authority. ARTICLE VI NEW MEMBER PARTIES Any public agency, as defined in the Act, that desires to become a Party to this Agreement shall be admitted to membership in the Authority only upon approval of the governing body' of each of the current members both as to acceptance of the new member and the amount of initial contribution. Notwithstanding the foregoing provision, if from the effective date of this Agreement to December 31~ 1982, the City of Mountain View or the County of Santa Clara or both desire to become a Party to this Agreement, then they may do so by signature and payment to the Authority of their pro rata share of the expenses of the Authority as determined by the Board. This Agreement shall become effective as to a new member as of the date of signature and payment of initial contribution. 11 ARTICLE VII ASSUMPTION OF OBLIGATIONS The Authority is the successor to the former North Santa Clara County Municipal Solid Waste Management Program established by a Joint Exercise of Powers Agreement dated March 19, 1977, and subsequently amended and extended, and assumes all debts and obligations of the fbrmer program and will honor all outstanding contracts and obligations of the former Program and of the City of Palo Alto insofar as the City of Palo Alto incurred obligations in its capacity as General Administrator of the Program. ARTICLE VIII GENERAL PROVISION A. Privileges and Immunities. Pursuant to the Act, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workers' compensation, and othet benefits which apply to the activity of officers, agents or employees of the Authority when performing its respective functions within the territorial limits of its member PARTIES shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially. B. Modification of Agreement. No term, provision, or condition of this Agreement shall be altered, amended, or departed from, or be held or construed to have been waived except in writing and upon the unanimous approval of the respective governing bodies specifically authorizing the a1teration, amendment, or waiver. C. Dispute Resolution. In the event that any Party to this Agreement should at any time claim that another Party or the Authority has in any way breached or is breaching this Agreement, the complaining Party shall file within 30 days of said alleged breach with the governing body of the other PARTIES and with the Authority, a written claim of said breach, describing the 12 ' .· alleged breach and otherwise giving full information respecting the same. The Authority shall thereupon, at a reasonable time and place specified by it but not later than 60 days of fil i.ng give all PARTIES fu11 opportunity to be heard on the matter, and shall, within fifteen (15) days of said hearing, give the governing bodies of all PARTI~S a full report of its findings and recommendations. Within thirty (30) days after issuance of the Authority's report, either Party may petition the Authority setting forth in fu11 a11 objections to both form and substance of the hearing and resulting report'. If neither Party so petitions, then the report shall become final and binding upon all PARTIES and a11 the PARTIES hereby agree to respect and honor such report. If any Party so petitions the Authority, within a fifteen (15) day period both the PARTY(IES) claiming breach and the PARTY(IES) allegedly in breach shall meet in good faith to resolve their dispute. A full account of such settlement efforts shall be presented by the said PARTIES to the Authority. The PARTIES may, if they' still cannot resolve their dispute, take any legal or equitable actions available to them. The prov1s1ons for dispute resolution herein shall not apply to any separate contracts made between the Authority and its members unless specifically incorporated therein. D. Severability. ·It is hereby declared to be the intention of the signatories to this Agreement that the paragraphs, sentences, clauses and, ' . phrases of this Agreement are severable, and if any phrase; claus~. sentenc~, paragraph or article of this Agreement shall be declared unconstitutional qr· invalid for any reason by the valid judgment or decree of a Court of compet~~t jurisdiction, such unconstitutionality or invalidity shall not affect any of the .rell'j.ai~ing paragraphs, clauses, phrases, sentences and articles of this Agre~eht,. which sha1l ."r..,e.main in full force and effect. *""· , ... ~ .... c-l E. Notification to Secretary of State. Pursuant to Government Code Section 6503.3, the Authority shall cause a notice of execution of this Agreement to be prepared and filed with the Office df the Secretary of State of 13 California within thirty {3'0) days after the effective date of this Agreement. The Authority shall likewise cause such a notice to be prepared and filed with the Offices of the Secretary of State within thirty (30) days after the effective date of any amendment to this Agreement. Until such filings are completed, the Authority shall not issue any bonds or incur indebtednes of any kind. F. Notices. All notices required or given pursuant to this Agreement shall be deemed properly served when deposited, postage pre-paid, in the certified United States mail, addressed to each signatory Party at the address indicated on this Agreement adjacent to the signature line of each Party. G. Successor; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors of the PARTIES. In the event of the consolidation of some, but less than all, of the PARTIES, this Agreement shall be binding upon and shall inure to the benefit of the remaining PARTIES. No Party may assign any right or obligation hereunder without the consent of each of the others. H. Section Headings. A11 section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. IN WITNESS WHEREOF, the PARTIES have executed this Agreement dated for convenience as the first day of July, 1982. .14 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 By:~--'-"~~~_:_~=.....iw:;::...~~ Tit1 APPROVED AS TO FORM: /s/ Robert K. Booth City Attorney ATTEST: -__ ·s;~~--~r,;,~c2~--~ v::~z~ City Attorne.y , ATTE : , ·;·v'1 ~· <'I .--. ~ ,. ty c1e7 1 APPROVEU TO FORM: '. ' ~,)]-n,·~ City Attorney , .,, City Cl erk ~PPRO~ AS TO L l21~~~ ' City Attorney0 ......::::::: 15 CITY OF LOS ALTOS One North San Antonio Road Los Altos, California 94022 Tit 1 e : __ _.M=a,..,v._.o""'"'r~p,.....r .... o.._._t ...... e....,m....__ CITY OF THE TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California 94022 CITY OF PALO ALTO 250 Hami1ton Avenue Palo Alto, California 94041 :~~1~ I CITY OF SUNNYVALE 456 West Olive Street Sunnyvale, California 94086 Exhibit A JOINT EXERCISE OF POWERS AGREEMENT NORTH SANTA CLARA COUNTY SOLID WASTE MANAGEMENT AUTHORITY RULES OF PROCEDURE Article l General Provisions Section 1-1 Name of Authority. The name of the Authority is the North Santa Clara Solid Waste Management Authority ("Authority 11 ). All powers of the Authority shall be exercised on behalf of the Authority by the North Santa Clara County Solid Waste Management Board ( 11 Board 11 ). Section 1-2 Authority for Rules. These Rules of Procedure ("Rules") apply to the Authority, Board and Staff. They are adopted pursuant to the Joint Exercise of Powers Agreement dated July l, 1982. The provisions of said Agreement are incorporated herein by reference. Section 1-3 Purpose of Rules. The purpose of these rules is to provide for the orderly and fair conduct of the meeting of the Board and business of the Authority. When the manner of performing an administrative function is not provided for in these Rules, then such functions shall be performed according to administrative rules of the City of Sunnyvale. Section 1-4 Amendment or Revision of Rules. These rules may be amended or revised from time to time by a resolution of the Board except rules 1 relating to contracts and purchases which may be amended or revised only by ordinance. Article 2 Organization of Board Section 2-1 Composition of Board. The Board shall be composed of a regular member and in the absence of this regular member, an alternate member from each of the PARTIES appointed and serving pursuant to the Agreement creating the Authority. Section 2-2 Officers. The officers of the Board shall be a Chairperson and Vice Chairperson who shall serve until the elections of their successor. Section 2-3 Election of Officers. The officers shall be elected at the first regular meeting following July l of each year. They shall be elected by a majority vote all Board members. Section 2-4 Duties of Chairperson. The Chairperson shall preside at all meetings of the Board and shall conduct the business of the Board in the manner prescribed by these Rules. The Chairperson shall preserve order and decorum and shall decide all questions of order subject to the action of a majority of the Board. The Chairperson shall represent the Authority and execute all contracts, deeds and other documents including agreements with or certifications to other governmental entities except as provided herein below. Section 2-5 Duties of the Vice Chairperson. In the absence or inability of the Chairperson to act, the Vice Chairperson shall act as Chairperson, and when so acting shall have all of the powers, authority and duties of the Chairperson. 2 Section 2-6 Secretary, Treasurer, Controller and General Counsel. The Authority's General Manager shall serve as Secretary to the Board. Treasurer and Controller functions shall be performed by the City of Sunnyvale Finance Director. The Board shall select a General Counsel to advise the Authority on legal matters and may retain such special legal counsel as it deems necessary. Section 2-7 Duties of Secretary. The General Manager, as Secretary of the Board, shall have the following duties: {a) To attend each meeting of the Board; (b) To maintain a record of an proceedings of the Board; (c) To prepare an agenda for each meeting; (d) To notify all Board members of the time and place of each meeting; (e) To maintain all records of the Board; and (f) To perform other duties directed by law or by the Board. These duties may be delegated as determined necessary by the Secretary. Section 2-8 Duties of the General Manager. The General Manager shall serve as chief administrative officer of the Authority and shall perform the following duties: (a) Attend all Board meetings and may take part in discussions, but may not vote. (b) See that all laws, provisions of this Agreement and acts of the Board, subject to enforcement by him or her, are faithfully executed. (c) Prepare and submit the annual work program and budget. (d) Make other reports as the Board may require. (e) Keep the Board fully advised as to the financial condition and future needs of the Authority and make such recommendations to the Board concerning the affairs of the Authority as he or she deems desirable. 3 (f) Sign contracts on behalf of the Authority pursuant to the provisions of these Rules and approve all payments of demands against the Authority. (g) Perform such other duties as are specified in the Agreement, these Rules or as may be required by the Board. (h) Appoint all employees of the Authority and remove same for cause and provide general supervision and control of said employees under merit system Rules of Procedure adopted by the Board. Section 2-9 Duties of the Treasurer and Controller. The duties of Treasurer and Controller of the Authority shall be performed by the Finance Director of the City of Sunnyvale. He or she shall be the depository and have custody of all of the money of the Authority and shall draw warrants to pay demands against the Authority when the demands have been authorized as provided in these Rules and approved for payment by the General Manager or designated representative. The Finance Director of the City of Sunnyvale shall comply strictly with the provisions of the statutes of the State of California, relating to the duties found in the Act including but not limited to the audit provisions of the Act. He or she shall also be responsible for all other property of the Authority. The City of Sunnyvale shall be reimbursed by the Authority for the cost of providing these services. Section 2-10 Duties of the General Counsel. The General Counsel shall attend each meeting of the Board and shall provide legal advice and services to the Board and the Authority staff. 4 , ' '• Section 3-1 Article 3 Meetings of the Board Regular Meetings. Regular quarterly meetings of the Board shall be held on the third Wednesday of July, October, January and April of each year. Regular monthly meetings will be set by a vote of the Board. Section 3-2 Special Meetings. Special meetings of the Board may be called by order of the Chairperson of the Board or by a majority of the members. The order calling the special meeting shal1 specify the time and place of the meeting and the business to be transacted at such meeting, and no other business shall be transacted at that meeting. Section 3-3 Adjourned Meetings. Any regular meeting of the Board may be adjourned to any date prior to the date established for a regular meeting. Any adjourned regular meeting is part of the regular meeting, any special meeting may be adjourned, and any adjourned special meeting is part of the special meeting. Section 3-4 . Effect of Holiday. If any meeting day or adjourned meeting day falls on a holiday. the meeting of the Board shall be held at the same place upon the next business day commencing at the same hour, in which event a11 matters before the Soard are continued to that time and place. Section 3-5 Quorum. A majority of the members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. Section 3-6 Absence of Quorum. In the absence of a quorum, the members present shall adjourn the meeting to a stated time and place, and the absent members shall be notified. If all members are absent, 5 the Secretary or his representative shall adjourn the meeting to a stated time and place and notify all members. Section 3-7 Notice of Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, Sections 54950 et seq. of the California Government Code, and other applicable 1aws of the State of California requiring notice of meetings of public bodies to be given. Article 4 Conduct of Meetings Section 4-1 Order of Business. The business of each meeting of the Board shall be transacted as far as is practicable in the following order: (a) ( b) (c) ( d) (e) (f) (g) (h) ( . ) \ l Call to order; Roll call; Announcements by Chairperson; Approval of minutes of prior meetings; Consent Calendar; Regular calendar; (1) Unfinished business; (2) New business; Reports of Committees, General Manager and General Counsel; Open public discussion from the floor; and Adjournment. The above order of business may be suspended or changed at any time by majority vote. 6 \' The consent calendar may contain matters determined by the Secretary to be of a routine nature and shall be approved by the Board by a single action. Any item shall be removed from the consent calendar and placed for discussion on the regular calendar at the request of any member. Any Board member may request that his or her vote be recorded as other than an affirmative vote on an individual item or items without removing such from the consent calendar. The regular calendar shall contain all other matters and business. Section 4-2 Parliamentary Rules. The rules laid down by Robert's Rules of Order are hereby adopted for the government of this Board in all cases not otherwise provided for in these Rules or by motion. Failure to comply with Robert's Rules of Order shall not invalidate any otherwise valid action. Section 4-3 Vote Regui red. A two-thirds majority affi rmat1 ve vote of the total members of the Board shall be required to take the following actions: (a) To adopt or amend the annual work program and budget; (b) To authorize Projects for the collection, transfer, disposal, treatment or conversion to energy and reusable materials of solid waste, including land acquisition, financing. cost allocation and capacity. A majority vote of those present and voting shall be required for any other action. An abstention to vote by any member shall be construed as that member not voting on a particular matter. 7 Section 4-4 Roll Call. Each roll call of the Board shall be in alphabetical order by the name of the party, except that the Chairperson shall be called last. Section 4-5 Roll Call Not Required. The roll need not be called in voting upon a motion except when requested by a member. If the roll is not called, in the absence of objection, the Chairperson may order the motion unanimously approved. ARTICLE 5 Contract and Purchasing Procedures Section 5-1 Validity of Contracts and Purchase Orders. The Authority shall not be and is not bound by any contracts, purchase orders or any other document unless the same shall be made in writing by order of the Board and signed by a duly authorizeq officer on behalf of the Authority, except as hereinafter provided. Section 5-2 Supplies. The general manager or designated representative is authorized to bind the Authority by written contract, without previous action by the Board, for the purchase of any supplies in amounts not exceeding TEN THOUSAND DOLLARS ($10,000), exclusive of sales or use tax. Section 5-3 Services. The general manager or designated representative is authorized to bind the Authority by written contract, without previous action by the Board, for the payment of services or other valuable considerations or a combination of services and supplies, to be furnished to the Authority, in amounts not exceeding TEN THOUSAND DOLLARS ($10,000), exclusive of sales or use tax. 8 Section 5-4 Open Market Purchases. Supplies and services in the amount of TEN THOUSAND DOLLARS ($10,000) or less shall be purchased, when feasible and when in the best interest of the Authority, in the open market by written quotation or telephone solicitation, without advertisement and without observing the procedure prescribed for the award of formal bid·purchases. (a) Open market purchases, whenever possible and practicable, shall be based on at least three (3) competitive quotations and shall be awarded by the general manager or designated representative to the person, firm or corporation submitting the quotation using the same criteria as is provided in Section 5-8 for most advantageous bid. (b) The general manager shall keep a record of all open market orders and the quotations submitted in competition thereon. Such records shall be open to public inspection during business hours. Section 5-5 Award of Contracts in Excess of TEN THOUSAND DOLLARS ($10,000). The award of all contracts for services and supplies involving an expenditure exceeding TEN THOUSAND DOLLARS ($10,000), exclusive of sales or use tax, shall be made by the Board and the contract shall be signed by the Chairperson. Section 5-6 Bid Procedure: (a) Advertising Required: When the cost· of services or supplies required by the Authority is expected to exceed the sum of TEN THOUSAND DOLLARS ($10,000), exclusive of sales or use tax, the general manager or designated representative shall call for bids by advertising at least twice, not less than five (5) days apart, in a daily newspaper of general circulation in the North County area at least ten (10) days prior to the date set for receiving bids. 9 (b) Bid Bond or Deposit: A bid bond or deposit of five percent (53) of the aggregate amount of the bid shall be required by bid specification. If the bidder to whom the contract is awarded shall fail or neglect to execute the contract within ten (10) days of award, then the defaulting bidder shall waive return of his bid bond. (c) Opening of Bids and Award: All bids shall be sealed, identified as bids on the envelope and shall be submitted to the general manager or designated representative at the place and time specified in the public notice inviting bids. Bids shall be opened and read by the general manager or designated representative, in public, at the time and place specified in the notice inviting bids. Bids received after the specified time shall not be accepted and shall be returned to the bidder unopened. The general manager or designated representative shall evaluate all bids and make an award recommendation. The contract shall be let by the Board to the party submitting the most advantageous bid as defined herein. The Board may reject any or all bids or waive any informalities or minor irregularities in the bids. (d) Disposition of Bid Bond or Deposit: All bid bonds and deposits shall be returned after execution of the contract by the successful bidder and deposit of the necessary bonds. (e) Approval of Faithful Performance and Labor and Materials Bonds -Waiver: Faithful performance or labor and material bonds may· be required by the bid specifications or contract. The general manager may waive the furnishing of a faithful performance bond by not including same in the bid specifications when in his opinion such waiver will not be detrimental to the Authority. Section 5-7 Exceptions to Competitive Bidding: The restrictions and provisions of the bid procedure contained herein shall not apply: 10 (a) To the contracts involving the obtaining of professional or specialized services such as, but not limited to, services rendered by architects, attorneys, engineers and other specialized consultants. (b) Where calling for bids on a competitive basis in the opinion of the Board is impracticable, unavailing, impossible or not i.n the best interest of the Authority. (c) Where the requirements can be met solely by a single patented article or process. (d) To any purchases from any public or governmental body or agency or from any public utility. (e) To placement of insurance coverage. (f) When no bids are received. (g) To actions of the General Manager as described herein. Section 5-8 Most Advantage'ous Bid. In addition to price and the ability to meet technical specifications, consideration will be given in determining the most advantageous bid to the following: (a) The ability, capacity and skill of the bidder to perform the contract or provide the supplies or services required. (b) The ability of the bidder to provide the supplies or services promptly, or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience and efficiency of the bidder. 11 Section 5-9 (d) The quality of bidder's performance on previous purchases or contracts with the Authority, the PARTIES or other public agencies. (e) The ability of the bidder to provide future maintenance, repair parts and services for the supplies purchased. (f) The cost of operating supplies, replacement parts, maintenance, or other necessary costs. Current prices and future projected costs are to be used in this determination. (g) Current compliance by the bidder with federal acts and executive orders and state of California statues governing the subject of nondiscrimination in employment, provided that the Board shall recognize as proof of non-compliance only the final decisions and orders of those federal and state agencies empowered under the law to make such findings. Cooperative Purchases. The general manager is authorized to participate with other public agencies in purchasing supplies, services, or a combination thereof, provided at least one participant therein substantially follows the bid requirements in this Article. Award of contracts for specific purchases in excess of TEN THOUSAND DOLLARS ($10,000) shall be made by the Board and contracts sha 11 be signed by the Chairperson. Section 5-10 Emergency Purchases. It is recognized that circumstances may arise which will require emergency actions, an emergency being defined as an urgent and immediate need for actions, equipment, supplies or repair services which were unforeseen and unanticipated. If in the opinion of the general manager such circumstances exist, then, after consultation with the Board Chairperson, he or she may award a contract regardless of the amount of the expenditure. The general manager shall file a full 12 I . report presenting ·the circumstances of .the, purchase to the Board at its next meeting for its ratification by resolution. Article 6 Selection Procedures for Professional Consultants Section 6-1 Policy. Professional Consultants shall be selected based on their qualifications and competence to do the desired work. Consultants will be used to provide expertise in special areas where the Authority 1 s staff lacks professional expertise or time to perform the necessary functions or when the Authority requires an independent and unbiased appraisal. Section 6-2 Obtaining legal Services. The procedures in this Article 6 are not applicable to retaining special legal counsel or retaining experts for the purpose of litigation or other legal proceedings. For these types of services, the general counsel of the Authority shall consult with the general manager prior to making a recommendation to the Board on award of specific contracts. Section 6-3 Award of Contracts Under TWENTY FIVE THOUSAND DOLLARS ($25,000). The general manager is authoriz.ed to recommend to the Board, without advertisement and without observing the procedures prescribed herein below, award of professional service contracts involving an expenditure not exceeding TWENTY FIVE THOUSAND DOLLARS ($25,000). Section 6-4 Advertising for Contracts Over TWENTY FIVE THOUSAND DOLLARS ($25,000). When the general manager estimates the cost of professional consultant services for a project wil1 exceed TWENTY FIVE THOUSAND DOLLARS ($25,000), he or she shall advertise in 13 appropriate publications the Authority 1 s intention to contract for such services. The General Manager shall also notify those consultants who have previously rquested such notice by mail. A general description of the scope of services and a request for consultants to respond with a letter of interest by a date certain shall be included in the advertisement. Pertinent information about the consultant's capabilities and experiences may be requested. Section 6-5 Request for Proposals. A formal Request for Proposal ("RFP 11 ) shall be sent to those consultants expressing interest in the project and who appear capable of performing the required services as determined though prescreening of the letters of interest. A summary of the RFP shall be included in the Boards Meeting Packet as an informational item. The RFP will include a detailed scope of services which, if appropriate, will be divided into stages such as feasibility, preliminary and final design and construction. The RFP wi11 indicate the necessary information to be submitted by the consultant. This may include a timetable for proceeding with the work, a general range of cost to perform the work for budgeting and gross comparisons purposes, a list of anticipated subconsultants, a list of similar experience, a statement of professional liability coverage, affirmative action compliance and the names and resumes of the personnel who will actually be working on the project. The RFP should also indicate what information the Authority will provide the consultant. In more complex projects a pre-submittal meeting may be scheduled. At this meeting the general aspects of the project will be discussed by the Authority Staff. The meeting will be devoted solely to the discussion of the project itself and not involve the qualifications of the consultants. 14 Section 6-6 Prescreening of Reponses to the Request for Proposal. Staff shall screen all responding consultants by reviewing their qualifications and submittals in answer to the RFP and by checking their references. The following criteria may be considered: (a) Specialized experience in the type of work required. (b) Record of the firm in accomplishing work on other projects in the required time. (c) Geographic location of the firm relative to the project 1 ocati on. (d) Quality of work previously performed by the firm for the Authority, the Parties or other government agencies. (e) Evidence of any attempt to avoid responsibility for evident design failures. (f) Recent experience showing accuracy of cost estimates and ability to meet deadlines. (g) Community relations including evidence of sensitivity to citizen concerns. (h) Completeness in answering the RFP. (i) Projected staff involvement in assisting the consultant team. (j) The make-up of the consultant team. After a review of the consultant 1 s responses to RFP, firms which are not among the final candidates shall be notified in writing and thanked for their res~onses. Section 6-7 Consultant Interview With A Selection Advisory Committee. Based on the review of the responses to the RFP, at least three (3) !irms, if available, will be invited to an oral interview. The consultants will be expected to make a presentation of their proposals describing how work would be conducted in connection with the project. It is desirable to have the project team present at the interview. A Selection Advisory Committee consisting of the general manager, or designated representative, 15 ., another member of the Authority Staff and a member of the TAC plus any other party the general manager deems appropriate shall conduct the interviews. When a consultant is being selected to work on a project located in the jurisdiction of one of the PARTIES, a member of the TAC and/or designated representative from said Party shall also serve on the Selection Advisory Committee. Section 6-8 Negotiations. The general manager or designated representative shall proceed with negotiations with the first ranked firm and to negotiate with the second ranked firm, in the event an agreement is not reached with the first ranked firm and so on. Unsuccessful candidates who attended the oral interviews shall be notified in writting and thanked for their participation in interviews and interest in submitting proposals. Section 6-9 Award of Contract. The proposed agreement or contract shall be submitted to the Selection Advisory Committee for review and recommendation and to the General Counsel of the Authority for approval as to legal sufficiency. The agreement or contract shall then be submitted by the general manager with a recommendation to the Board for its approval. The general manager shall include in his report to the'Board a copy of the published advertisement for consultants, a summary of the RFP, the minutes to the meeting of the Selection Advisory Committee and a summary of the proposed contract or agreement. Approved agreements and contracts shall be signed by the Board Chairperson and attested to by the Secretary. 16 EXHIBIT B JOINT EXERCISE OF POWERS AGREEMENT NORTH SANTA CLARA COUNTY SOLID WASTE MANAGEMENT AUTHORITY Annual Work Plan and Budget Fiscal Year 1982-83 The Work Plan of the Authority for Fiscal Year 1982-83 is based on a six-year development program (Chart I) designed to meet the Agreement objectives of having long term solid waste diposal capacity available by July, 1987. The Plan anticipates exploring the possible development of both new landfill and resource recovery projects. Chart II graphically deplicts the Plan, Schedule and responsibilities for the period from July 1, 1982 through October, 1983. A breakdown of the hours of effort required for each of the Plan tasks and estimated hourly consultant rates (Table 1) and resulting fees and expenses (Table 2) follows the two charts. Finally, a budget summarizing both the direct r:osts of the Authority as well as those associated with various consulting contracts is presented (Table 3). Under the prov1s1ons of Article II, Section A, Subsection 7, future annual Work Programs and Budgets wi 11 be adopted by the Authority Board prior to the first of April each year. Article III, Section H, requires such action to be taken by the Authority Board on a two thirds majority affirmative vote of all members. . ....--.!...--'-------'--· --. ........J......----'· ___ _! __ ;:..___, 0l oQ i ,1.1Jlr.i I -~~~_..,.,i 1982 I 1983 I rnM ~---r-----.;ass I rnee I ·~~ --Jl11lslolNlolJIFIMIAIMIJ JIAlsloliilolJIFIMltd~JJ JIAlslo.f'iTDtiTf-TMIAIMIJ J\A!slolt-1\olJ'.FIMIAIM\J J\Als\olN\olJIFIMIAIMIJ JIAlslo·N·o•J FM AM J . . ' j LEGEND: • [3 t---I 0-J ! lf1 r-81 > CRE.$TE PERMANENT JPA I t"-_;.-' Creale Permanent JPA ~ Issue RFP tor Engineering i= --~ I 0-J ' r"1] Iii 0 SEU:::::T ALTERNATTVES f--31 ~ ~ Select Project Allernetives ~ Award Contract for Englneermo ~ ~-T•ak1 3,!Ul,12.18.20.:!D,31 -g ~ rtiil W ~ WASTE STREAM I ~ Authorize Additional Studies ~ Commit Wmele Stream 0 Q ~~ I r--Al f1Tl :i !.: z SITE ENVIRONMENTAL ~ I ~ Obtain Site Accees r:---1 Obtain Financing a; g Q _ Tuk• 13,Ul,27 I jf"l riil ~ c ~ FINANCIAL ..._., .._.. I ~ Announce Intent to Proparn EIA ~ Aulhorlrii Major Ecuipment Fabrication I ~ ::!.! ~ska T,l'J,14,21,2B 0 I re. f-ril 0: ~ ~ jOTHER TECHNICAL I ~ Defino Project ~ Commit to Conf.tructlon UJ I 13~ i ~ : r7l r1&l z ~COST ~ 0 3 6 ~Select Contrnctlng Option end ~ Accept Facility ~~ T all.u 3 ' Preliminary Financing Method DEFh~E PROJECT ......----v --I Tuhlll t,2,11,11 I AOM11~JSTRATIVE ACTIVITIE'1 ~ i Obtain~__.., &•cure I ---Accnal 4 \ ~ I Pu1cMH SUo UJ SITE (~ r-r~a PerJu Q I -0 > !----• l !!-J Apphclltlon.-. : AOlill'ICl' and Public Revlt11;1 j:: ._<JR 1 PERMITTING -I , ~ re ~ 1 """""° < firm Wnte Stream J...1..!!-J ~ WASfE STREAM r1iJ UJ ~-. !eloet Mothod 111 ~n''lnanclng .-----~ CO~ .. rRA~G 8. ~!NANCING _, Selsct eiadern]--8] Sialiilcl 9 _... <( I'"-:-' ":,. are RFF Cdntractor > CON~RACTOR SELECTION P'rollmltUlt'I Englnoevtna Oota.lled Desugn Conalructlon Su1•porl Sh11k.o-Oowri Support 0:: • ~ ._.ENGINEERING """'-/ Vendor En9lne•rh10 I 12 j Equlpmont Fabrlcetle>n - 0 PROGUREMEMT °"'"""""" -•no '< 3 1 fd ~------~-Preparation ~ Con•tructlon er: CONSTRUCTION )-~----------' _ Slulup Shiikt1-0oY11n 0 STA1:1TUP I SHAKE OOWN I --I TIME INTERVAL CO.VEAED BV I -ffi I~ THE 1182-11113 WORK PLAN I al ~--·---------! >-----------~---! LU ObU1ln & ;:? f---ACfleU ()ma Purr,;' o~e Siie O I-SIT< -iCl ~ --A;onc)' and Pub uo Rolew a: EfR \ PEHMITTING _.. Propar11 El2 ! ;;Jillo -:0 UJ --·-·-Parmll A,pp1h;8tlona Flrm WUle S11um 1 !:j WAUE SrnEAM '1' r J .' 1 c( -------------~-.,..--. S•l~ct Mflthod 1 ')blah• F'ln11riclng 1 :J ~~~TRACT~NO & FINANCINO ....., Pt~~~o D-J GJ - 25 cor~Tf.IACTOR SELECTION -.tu eot z '----·-CQI l.tfl('fl)~ F.nglnetulng :3 ~i,NEEAING _. [ 1_!.J Pro<:urfl•Hnl ~ ~:CURE"MENT -'];C tona1::-c110"' ~ COllSTRUCTION T ~,& I ~-Startub L l_.!!...J §11 ST.•RTUP -0 _J >-----·---------! ~--------~ OA:E 0£SCRIPTIO\'ll l)llAWN Pft£"AAED CH EC ICED ,, .. ,,,,,, Ir 1 lun1aal !.v ; e1r!~:2 l 1 I ! c,.:.1.u N T.S I I I\ 1 ~ PROJECT SCHEDULE "'.'_.:::.... ·~:io-~'U I I I . ~ ._._!'" '"' I I .. , :. 1 ' ' --.•. ~ _..___,., JP'\-2 1 REVIDED PER TAC COMMENTS ISSUEO FOA l'NFORM'ATION :-:::: v:t.../"' .. ;:f'tl.. •7. " $ """'"""''•li'f,-;,',?!l!'ffl ~------ D(SClltP1'>0H 1:pWN-I P'l[P.\llEO 1.Ct (:KfD Al>PPOVtO JOINTPOWfi:I. -~ ~fTY ~.f 111 + f I O I' "":"'1"( l•i , I c... l'T'I (} 0 x ::r: ...... ::r ::i;:. :::::; _,, ;;o rl" O" -I -'• l'T'I r~ ,__, ·x ro o:::i -s ('") -'• Vl ro 0 -ti -0 0 ::E: ro -s )::> tQ -s ro ro 3 ro :::::; rt- RESP()NSIBllflY ASSIGN ME HT Gowm1nca.....i NORm SANTA CLARA COUNTY SOLID WASTE MANAGEMENT AUTHORITY ~.2.!2!1~ PLAN, SCHEDULE !-!JD RESPONSIBIUTIE.S ® Revi.ew oroRreu report fA\, on ollornobvH JO £?> Proiect le••;b•l'IY r.:1=l report ri;;e;--__ _j ·------+----- AIMcn!y~ M.annger/Sl.aff Y Procuro oubldu H•vicc-s !J ~-"~""public involYament p~ ...;:.L. ··;.:ru .. ., ... "'"""'"" ,, .. _,, i) .!ev~w "..oo,r:; lllPHDhOn procrim1 end 1i::tiv1ties ln1tiata Authonty tcrurca sep•rahon 1cliv1tlei ---.. ·--·----------·----~-F1n.;liro tnsts strea!!l es."'""'~'"''"'--'"--------- ~•·and i\nuo RFQ.t/ov11lu~tu re:seonSff -------- ®--------------·· !------------·--+-·-----,....,.,.Md .......... Comultml le&dC........t Conw"""' fnc._., © D•vttloDpr I" • ~ --e 1m1nairy Will t.e ,;,. . rQ .~~ .. K:(llt!f__r----· p Evalu1t& inihtvtiont1I altern1tivei __ J pro:i::uremen\ optionl\ @Upd~~ ®: Prepare projocl le;u1b11ity reocrt @ Reviio Waite control strlbeiY/ @ Controt waste 1tream obtain l~n•ni ot antunt ~ Oblilin purcha!l-G optjon oo Sth1 f.i ...f.e:d2rm tdd1t19nal wu\t 1tre1ru analylfi! 7 . fij} Prepare project dt11ign c.ntorl.a end dnrt petmit •PPllClltiont Conduct ongineerm&•rH1tv1i1 o1 llndM ath~nia!ivH ~ ~ Conduct enginearinc 1natyii11 or ptrx:1u1ing/ ~ Reviwt project COit utimate 6 flM=m.nUI ~,..,,. energ ftc-Ovflfl' 1ltern.11liYH 0 . 6'(°i Rn1$1J roted Khedu\9 ~ Develop t:imt ~heduln P=! ~-P -· ------t @ PClrfl')rm pu1l1m1nm 1nviroflmenW and $ite •n•lyses pl landfill 1l1ern1tivH 9,....... frte;1r1Hfr1tf EIA ...------- 0 &. @ Perlo<ffl Pr1tl1minJ1tY 1nv1ronmontlll arid,,;,, 1n&ln.es of procou1nr/ Task nomtnr Secondary. or blckup r11poosiWl'1 tar t1:11k Pro1r1111 rtpor\ '"""" orwt rar,k.n, of 1h1rnativu -. ,.. ··:-• ., __ I'.-· •ntrl)' FKOYlll')I 111arn1lN•S-ifUry!Jn C1Myon KEY MAJOR DECISION! I p:J µJ p::1 pJ \µJ Obtain 1ite aeun Announct intent to prepare EIR Oelm1 pro1«t Stlott con1rac1in1 option ind prelimtnary flf11Mlnl MClthod Issue RFP tor En1inHrM\1 --... "··.-7.:.-~-~::_r{i~f..':'-~.....-,~.,. ':\-;.~yr -.,.i : .. ",;•r_,~~~.l'\ ~~)_:, .~~ ... --·..;.-'. :·'-· -r.:. .... : ·, . .-I._-,: ~..-;-..:;,,,,,-;. ·--,~ .. -. .~ ' kl JUNE 1, 198Z 1;;Marwld<.M1tchd\&Co " '•· ;.' ~ c.... ri; n 0 >< ::c ...... ~ )> ::; -'· ;;o c+ 0--I ...... ri; c+ 1-1 >< ...... ([) co ..., () ...... I.fl ([) 0 -ti CJ 0 ::E: ro ..., > ;.::i ..., ([) ([) 3 ([) ::5 c+ TABLE l NORTH SANTA CLARA COUNTY SOLID WASTE MANAGEMENT AUTHORITY 1982-1983 CONSULTANT BUDGET -------------------------------------------HOURS _______________________ _ TASK AND FIN&PLAN LEGAL CONS. ENVIRON. OTHER TOTAL DESCRIPTION CONS. COUNSEL ENGINEER CONS. 1 PROC OUTSIDE SEF: 100 100 2 REVIEW PIP NOTE 1 3 F:EVIEW SS PROGR NOTE 1 4 OBTAIN SITE ACC 16 8 24 c::-.J DEV WASTE CTR ST 2(> 100 20 NOTE 1 140 6 ADD WASTE ST ANA 3500 3500 7 ENGR ANAL-LANDFL 300 300 , 8 ENGR ANAL-EN REC 450 450 9 ENV/SITE-LANDFL 250 250 1 (l ENV/SITE-EN REC 450 450 1 1 IMPLEMENT PIP NOTE 1 12 INITIATE SS ACT NOTE 1 13 ANAL PROJ ECON 200 2(i 22(> 14 DEV TIME SCH ED 50 50 15 PREP PROG REPT 200 20 22(> 16 REVIEW PROG REP 32 32 32 96 17 REV PIP/CONT NOTE 1 18 REV SS PF:OG NOTE 1 19 ANAL PROJ RISKS 80 40 40 160 20 REV WASTE CONTR 80 80 21 PROJ DES CF:ITER 850 850 22 DRAFT EIR 50 50 50 1500 1650 .-.7 .i::.,.,.:1 INST/PROCUR OPT 160 20 20 200 24 REV COST EST IM 50 50 25 REV PROJ SCHED 50 50 26 SITE PURCH OPT 80 80 ,..,.~ .;::_ / UPD PROJ ECON 200 20 220 28 WASTE STRM EST NOTE 1 29 F:FQ PHOCESS NOTE 1 30 F'ROJ FEAS REP 300 24 24 24 "":!"7-"':i ·-'l ~ 31 CONTF: WASTE STR 80 200 40 320 2;2 REVIEW FE?~S REP 32 16 32 -:r r") . ·-'.S:.. NOTE 2 112 ------------------------------------------------------------------------TOTAL HOURS 1454· 646 2056 2288 9944 3500(NOTE 3) -------------------------------------HOURLY RATES ______________________ _ FIN&F'LAN ' LEGAL CONS. ENVIRON. OTHER CONS. COUNSEL. ENGINEER CONS. 120 150 80 60 1s{NOTE 3) I /-\iJLt. C.. NORTH SANTA CLARA COUNTY SOLID WASTE MANAGEMENT AUTHORITY 1982-1983 CONSULTANT BUDGET . . FEES . TASK-AND _________ FIN&PLAN ___ LEGAL ______ CONs:-ENVIRoN:---oTHER ____ TOfAl ____ _ DESCRIPTION CONS. COUNSEL ENGINEER CONS. ------------------------------------------~----------------------------- l PROC OUTSIDE SER 2 REVIEW PIP -:r ·-· RE'v'IEW gr-· w PROGF: 4 OBTAIN SITE ,;cc t::" ...! DE\/ WASTE CTR ST 6 ADD WASTE :3T ANA 7 ENGR ANAL-LANDFL 8 ENGR ANAL-EN REC 9 EN'v IS I TE-U.iNDFL 10 1 1 12 1 ""'!" ·-· 14 15 16 17 18 19 2(l 21 22 r-;;-:; ,,:..._1 24 '"?C:: ~--' 2.~ 27 ,R;,--. LO 29 3Ci 31 -:;·-:r ._1...:,. ENV./SITE-EN F<:EC IMPLEMENT PIP INITIATE SS ACT r;NAL PROJ ECON DEV TIME SCH ED PREP PROG F:EPT REVIEW PROG REP REV PIP/CONT REV SS PROG ANAL PROJ RISKS REV l>JASTE CONTf;'. PF:OJ DES CRITEF: DRAFT EIR INST./PROCUR OPT REV COST EST IM F:EV PROJ SCHED SITE PUF:CH OPT UPD PRO.J ECON !A.!P1STE STRM EST RFQ PROCESS PRO.J FEAS F:EP CONTR l>JP1STE REl/IB\! FEAS TOTAL FEES EXPENSES STR REP TOTAL FEES AND EXPENSES 12000 0 0 0 0 () 0 0 0 0 2400 640 2400 15000 1600 0 0 63000 0 0 24000 0 0 36000 0 0 0 0 0 0 !) 0 0 0 0 0 24000 0 1600 0 0 4000 24000 3000 0 3840 (l 2560 0 0 0 0 0 0 9600 6000 32(>(> 0 12000 0 0 0 68000 6000 7500 4000 19200 3000 1600 0 0 41)00 0 0 4000 0 12000 0 24000 (j 1600 0 0 0 0 (i 0 36000 3600 1920 9600 ~50000 32(>(; 3840 2400 2560 174480 96900 2274-8(> :::::4Ei96 19380 45496 209::'.:76 1 16280 272976 NOTES 1. TASK TO BE PERFORMED BY AUTHORITY STAFF 0 12000 0 0 0 0 0 3040 0 19000 0 63000 0 24000 0 36000 15000 15000 27000 27000 0 0 0 0 0 25600 0 4000 I) 27000 1920 8320 0 0 0 0 0 18800 0 12000 0 68000 90000 107500 0 23800 0 4000 0 4000 (J 12000 (l 256(H) 0 () 0 0 1440 42960 i) 42800 1920 10720 1~.57280 636140 27456 NOTE 4 127"2:"28 164736 763368 2. AUTHORITY STAFF WILL TAKE LEAD ROLE. CONSULTANTS PROVIDE SUPPORT. 3. ALL ENGR. TASKS EXCEPT TASK 6 PERFORMED AT AVE. HOURLY RATE OF $80. ESTIMATED THAT TASK 6 WILL REQUIRE 3500 HOURS AT $18 PER HOUR. 4. EXPEN~ES HAVE BEEN ESTIMATED AT 20% OF FEES. TABLE 3 EXHIBIT B Joint Exercise of Power Agr~2ment NORTH SANTA CLARA COUNTY SOLID WASTE MANAGEMENT AUTHORITY FISCAL YEAR 1982-83 BUDGET CONSULTING SERVICES ( 10 months of 13 month program) STAFF SALARIES AND BENIFITS OTHER AUTHORITY EXPENSES GENERAL COUNSEL PROPOSED CONTRIBUTIONS PROPOSED STAFF SUBTOTAL CONTINGENCY @ 10% CASH CARRYOVER General Manager Full .Year Secretary Full Year Asst. General Manager-Engineering Ten Months Asst. General Manager-Adminstration Ten Months $ 587,200 184,400 75,000 30,000 $ 876,600 + 87,600 -100,000 $ 864,200 EXHIBIT C JOINT EXERCISE OF POWERS AGREEMENT NORTH SANTA CLARA COUNTY SOLID WASTE MANAGEMENT AUTHORITY Annual Member Contributions Fiscal Year 1982-83 Each of the PARTIES to the Agreement agrees to make an annual contribution to the Authority, in proportion to the solid waste generated in its jurisdiction, sufficient to cover the administrative expenses of the Authority (Article V, Section A). The Allocation Formula used to determine the Annual Contributions for Fisal Year 1982-83, and future years unless and until changed by the Authority Board, is as described in the following paragraph. An estimate of the total annual tonnage of solid waste generated within the jurisdiction of each of the PARTIES and requiring landfill disposal was made. The definition of solid waste used excluded construction and demolition materials, recycled materials and composted materials. The estimated annual tonnage for the area served by the Los Altos Garbage Company (Cities of Cupertino, Los Altos and Los Altos Hills and adjacent Unincorporated Areas, of Santa Clara County) was based on the recently completed survey made by Cal Recovery Systems, Inc. The estimated tonnage for the Cities of Mountain View and Sunnyvale was based on their own recent weight 1 SU rveys. The estimated tonnage for Palo Alto and the Stanford University portion of the Unincorporated Area of Santa Clara County was based on truck counts and recorded yardage information. Because of the uncertainty associated with the membership of the City of Mountain View and Santa Clara County, four (4) C o n t r i b u t i o n S c h e du l e s h a v e be e n p re p a re d • Th e f i r s t p r o v i des f o r contributions assuming neither Mountain View or the County execute the Agreement. For information purposes only, three (3) other schedules have been prepared assuming (a) both Mountain View and the County join the Authority; (b) only Mountain View joins; and {c) only the County joins. These later schedules are only estimates since the Authority Board is authorized to set the level of contribution for Mountain View and the County (Article VI) if either party joins the Authority after July 1, 1982. -:. PARTIES Cupertino Los Altos .. . , ' SCHEDULE I EXHIBIT C Joint Exercise of Power Agreement ' ANNUAL CONTRIBUTIONS -FY 1982-83 ORIGINAL P1\RTIES ESTIMATED DERCENT FY 1982-83 TONNAGE OF TOTAL CONTRIBUTION 43,000 13.8% .; 119,259.60 18 ,000 5.8% 50,123.60 Los Altos Hills 5,500 1. Si~ 15,555.60 Palo Alto 71,000 22. 8~~ 197,037.60 Sunnyvale 174,000 55.8% 482,223.60 TOTAL 31: ,500 100.0% $ 864,200.00 ----- i 1 l ~ 1 I PARTIES Cupertino Los ,l\,l Los Los Altos Mountain Pa1o Alto Sunnyvale SCHEOt;LE I I EXHIBIT C Joint Exercise of Pm·1er ;,gree1;1ent ANNUAL CONTRIBUlIONS -FY 1982-83 ORIGINAL PARTIES PLUS MOUNTAIN VIEW AND SANTA CLARA COUNTY ESTrMATED PERCENT FY 1982-83 TONNAGE OF TOTAL CONTRIBUTION 43,000 11. n; $ 95,926.20 18,000 4.67; 39,753.20 Hi 11 s 5,500 1 . 47; 12,098.80 View 61,000 15. 7% 135,679.40 71,000 18.2% 157 ,284 .LW 174,000 44.n 386,297.40 Santa Clara CTY 16,800 4.3% 37,160.60 TOTAL 389,300 100.0% $ 864,200.00 PARTIES Cupertino Los Altos Los Altos Mountain Palo Alto Sunnyvale TOTAL SCHEDULE II I EXHIBIT C \ .. . Joint Ex2rcisr. of Pm· ;r .1\gr'o,:::,:>..·nt ANNUNAl. .CONTRIBUT IO~~S -FY 1982-83 ORIGINAL PARTIES PLUS ~OUNTAIN VIEW ESTIMATED PERCENT FY 1982-83 TONNAGE OF TOTAL CONTRIBUTIONS 43,000 11. s::. $ 99,383.00 18,000 4. 87!, 41,481 .60 Hi 11 s 5,500 l. 5% 12,963.00 View 61,000 , 16. 4;; 141,728.80 71 ,000 19. g 165,062.20 174,000 46.7% 403,581 .40 372 '500 1 oo.m~ $ 864,200.00 I " I t l ~ t . , ' ' ~ ~~. ' PARTIES Cupertino '_os A~ -i:os SCHEOUl_E IV EXHIBl f C Joint Exercise of Pn1r! '~-;:-~ _L1c-nt ANNUAL CONTRIBUTIONS -FY 1982-83 ORIGINAL PARTIES PLUS SANTA CLARA COUNTY ESTIMATED PERCENT FY 1982-83 TONNAGE OF TOTAL CONTRIBUTION 43,000 13.1% $ 113,210.20 18,000 5.5% 47,531.00 Los .D.. :. tos Hi 11 s 5,500 1.7% 14,69-, .40 Palo Alto 71 ,000 21.6% 186,667.20 S"nnyvale 174,000 53.0% 458,026.00 Sant.a Clara CTY 16,800 5.1 % 44,074.20 TOTAL 328,300 100.0% $ 86/t,200.00 1·· ' ; , ~ ............ ~ ..... --· .. -·--···--· .. ··"·· .. •· .. ..,·---.... ,..-•. ~·~·---···---1'~ . r . -::::s-o I!\ ·~,,., ... --w-... -L~~---··--·-·--.. --...... -----AGREEMENT TO EXTEND UNTIL JULY 1, 1.9.82------· -·------ C . · .. ir ---· -----· ··--·---THE JOINT EXERCISE OF POWERS AGREEMENT. .. '.)-': .J __ __J_.:J ~~ ·z.~---- NORTH SANTA CLARA COUNTY MUNICIPAL SOLID WASTE MANAGEMENT CITY OF CUPERTINO, CI'l'Y OF LOS ALTOS, TOWN OF LOS ALTOS HILLS, CITY OF MOUNTAIN VIEW, CITY OF PALO ALTO, AND CITY OF SUNNYVALE WHEREAS, the undersigned parties, along with the County of Santa Clara, have executed a Joint Exercise of Powers Agreement --North Santa Clara County Municipal Solid Waste Management, ~ated March 10, 1977; and WHEREAS, pursuant to paragraph 13 of said agreement, said agree-ment was to continue in full force and effect until January 1, 1979, unless sooner terminated or extended by written agreement of all parties; and WHEREAS, the undersigned parties, along with the County of·santa Clara, have extended said agreement three times befors until January 1, 1980, January 1 , 1 981, and January 1 , 198 2, .respectively, and the undersigned partiei desire to extend the original agreement as amended hereinafter for an additional six months, until July 1, 1982, unless sooner modified or· terminated by written agreement of all parties; and WHEREAS, the County of Santa Clara does not desire to extend said agreement but the undersigned parties want to encourage the County at some future date to once again beCome' a 'p-arty to ·s-aid agreement,·. or successor agreement, under terms and conditions ariceptablQ to the undersigned parties including full financial participation; and WHEREAS, the Governing Board has approved a work plan and a budget for the six month extension period of this agreement totaling Two Hundred Thousand Dollars ($200 7 000) plus those sums which may be avail-able from the California Solid Waste Management Board. NOW, THEREFORE, the undersigned mutually agree that the said agreement shall be amended to provide as follows: SECTI6N 1. The undersigned parties, without-the participation of the County of Santa Clara, desire to continue the term of the agreement by amending paragraph 13 so that the agreement shall remain in full force and effect until July 1, 1982, unless· sooner termi~nted or extended by written agreement of all the undersigned parties. SECTION 2. The undersigned parties further desire to authorize by amending subparagraph 17{a) the expenditure of not more than Two Hun-dred Thousand Dollars ($200 ,000) during the period from January 1, 1982, to June 30, 1982. Expenditures shall be made in order to carry out the work program described on Exhibit A attached hereto and made a part hereof. The expenditure of any grant funds available from the California State Solid Waste Management Board during the term is also authorized. SECTION 3. Except as otherwis_e amended h.ereinabove, all. terms of said agreement shall·remain in full force and effect. of the s T~R'I: I h!l ,U/J APPROVED AS TO FORM: _ L!2.L Robert K, Booth ·ty Attorney DATED: DATED: @";iJl J Li£~ _ (/ DATED: '1-/d::_Ax/l~? qtfL I APPROVED AS TO. FORM: ~){/~ C 1yAt torney APPROVED AS TO FORM: ~}t).~.-City Attorney ' APPROVED AS TO FORM: ~-;='\->~ CIY At torriey . · ..._ DATED: --tf(~b//tf .2-Cl I DATED: '; >--!~ -j;-; L DATED: EXHIBIT 11 A11 JOINT POWERS AGREEMENT HORK PR.OGRAM· I. Review current optionse A. Existing landfills. l. Evaluate existing and potential sites. 2. Develop strategy for ext~nding Ttfe of these sites. B. Develop an interim landfill solution. C. Implement interim landfill plan. D. Review possible long-term solutions previously identified. E. Acquisition of project site(s). II. Develop Definition of long-term Project A. B. c. Refine Waste Stream Perameters 1. Quantity 2. Qua1ity 3. Availability 4. Source Separation Option Reevaluate Existing Technological Alternatives 1 .. landfill 2. Transfer/Landfill l. Volume Reduction/Landfill 4. RDF/Transfer 5. ROF on site 60. Mass Burn 1. Modular Incineration 8. Combination of above 9. Others ·' Evaluation Criteria for Technological Alternatives 1. Project Ownership/Financial Alternative 2~ Site Considerations 3. Transportat~on requirements 4. Environmental issues ·s. Markets (if appropriate) 6. Procurement options 7o Project Cost Estimates and Revenues 8. · Experience of Similar Facilities • Decision Point -GO/HOLD -and Future JPA Structure A. Assessment of long Term Project Alternatives B. Organizational Considerations 1. Membership {Mt. View, Santa Clara County and City~ etc.) 2. Cost Sharing Formula 3. Other Factors IV. Develop Work Program for Planning and Pr?curement Phase V. Develop Permanent JPA Structure . i I I I I. I I I I ! i t I I ' ' 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 OFFl_c;:_E OF THE CITY CLERK April 6, 1982 Cltlf of Cupertitto S. George Sanregret, City Manager Los Altos City Hall 1 N. San Antonio Road Los Altos, California 94022 Dear Mr. Sanregret: P.O. Box580 Cupertino, California 95015 We have enclosed two (2) Agreements of the Agreement to Extend Unitl July 1, 1982 the Joint Exercise of Powers Agreement North Santa Clara County Municipal Solid Waste Management, along with a letter of procedure from Mr. Henderson. Si~ r&~-- DOROTHY ~ CITY CLERK CITY OF CUPERTINO DC/so encl. I'\ NORTH SANTA CLARA COUNTY ICIPAL SOLID WASTE MANAGEMENT PROGRAM 111 Cupertino• Los Altos 11 Los Altos Hills• Mountain View "Palo Alto• Sunnyvale• Santa Clara County March 23,_ 1982 Ms. Dorothy Cornelis City Cl erk City of Cupertino P.O. Box 580 Cupertino, CA 95015 Dear Ms. Cornelis: Enclosed you will find two (2) copies of the "Agreement to Extend Until July 1, 1982 -The Joint Powers Agreement -North Santa Clara County Municipal Solid Waste Management" which was approved by the Cupertino City Council and other members in January, 1982. Palo Alto, as General Administrator, has asked that I have these copies circulated to all members in order that all signatures will be on the same copies. I would appreciate your having these copies signed and then forwarded along with a copy of this letter to the next city on the signature page. The City of Sunnyvale should return them to me. I will provide every-one with a photocopy of the fully executed agreement. Thanks for your assistance. Sincerely yours, ·m&rnao_.,, Yr1 . !lt11ci.v>SL~, THOMAS M. HENDERSON {!_c__ General Manager, JPA TMH/cjl Encls • c/o City of Palo Alto, Public Works Department 250 Hamilton Avenue, Palo Alto, CA 94301 (415) 329-2325 t . ; : ') b-____ .. _ .. ___ ---~·-.. -----------·- r:-~·1' ... -~§J:?..A.-~--·---·--.. -· -----AGREEMENT TO EXTEND UNTIL JULY 1, 1.9..82-----------·---(··. . ., .}r -~ ~ .. ----~-THE JOINT EXERCISE OF POWERS AGREEMENT..::-;_:.:: _ __:]_~ 1._ri~L~--- NORTH SANTA CLARA COUNTY MUNICIPAL SOLID WASTE MANAGEMENT CITY OF CUPERTINO, CITY OF LOS ALTOS, TOWN OF LOS ALTOS HILLS, CITY OF MOUNTA~~ VIEW, CITY OF PALO ALTO, AND CITY OF SUNNYVALE WHEREAS, the undersigned parties, along with the County of Santa Clara, have executed a Joint Exercise of Powers Agreement. --North Santa Clara County Municipal Solid Waste Management, ~ated ·March 10, 1977; and WHEREAS, pursuant to paragraph 13 of said agreement, said agree-ment was to continue in full force and effect until January 1, 1979, unless sooner terminated or extended by written agreement of all parties; and WHEREAS, the undersigned parties, along with the County of·santa Clara, have extended said agreement three times before until January 1, 1980, January 1, 1981, and January 1, 1982, respectively, and the undersigned parties desire to extend the original agreement as amended hereinafter for an additional six months, until July 1, 1982, unless sooner modified or· terminated by written agreement of all parties; and WHEREAS, the County of Santa Clara does not desire to extend said agreement but the undersigned parties want to encourage the County at some future .date to once again become a party to said agreement, or successor .agreement, under terms and conditions a6ceptable to the undersigned parties including full financial participation; and WHEREAS, the Governing Board has approved a work pl~n and a budget for the six month extension period of this agreement totaling Two Hundred Thousand Dollars ($200,000) plus those Sums which may be avail-able from t~e California Solid Waste Management Board. NOW, THEREFORE, the undersigned mutually agree that the said agreement shall be amended to provide as follows: SECTION 1. The undersigned parties, without the participation of the County of .Santa Clara, desire to continue the term of the agreement by amending paragraph 13 so that the agreement shall remain in full force and effect until July· 1, 1982, unless sooner terminated or extended by writ~en agreement of all the undersigned parties. SECTION 2. The undersigned parties further desire to authorize by amending subparagraph 17(a) the expenditure of not more than Two Hun-dred Thousand Dollars ($200 ,000) during the period from January 1, '198 2, to June 30, 1982" Expenditures shall be made in order to c·arry out the work program described on Exhibit A attached hereto and made a part hereof. The expenditure of any grant funds available from the California State Solid Waste Management Board during the term i~ also authorized. SECTION 3. Except as otherwise amended hereinabove, all of the terms of said agreement shall remain in full force and effect. DATED: APPROVED AS TO FORM: CITY OF LOS ALTOS DATED: APPROVED AS TO FORM: TOWN OF LOS ALTOS HILLS DATED: _j ·Town Attorney· 1•!-•• APPROVED AS TO. FORM: CITY OF MOUNTAIN VIEW DATED: City Attorney APPROVED AS TO FORM: DATED: ~~.~J City Attorney · y )-/tfl L APPROVED AS TO FORM: CITY OF SlJNNYVALE DATED: City Attorney EXHIBIT "A" JOINT POWERS AGREEMENT WORK PROGRAM I. Review current options. A. Existing landfills. 1. Evaluate existing and potential sites. 2. Develop strategy for extending life of these sites. B. Develop an interim landfill solution. C. Implement interim landfill plan. D. Review possible long-term solutions previously identified. E. Acquisition of project site(s). II. Develop Definition of Long-term Project A. Refine Waste Stream Perameters 1. Quantity 2. Quality 3. Availability 4. Source Separation Option B. Reevaluate Existing Technological Alternatives 1. Landfill 2. Transfer/Landfill 3. Volume Reduction/Landfill 4. RDF/Transfer 5. RDF on site 6. Mass Burn 7. Modular Incineration 8. Combination of above 9. Others C. Evaluation Criteria for Technological Alternatives 1. Project Ownership/Financial Alternative 2. Site Considerations 3. Transportation requirements 4. Environmental issues 5. Markets (if appropriate) 6. Procurement options 7. Project Cost Estimates and Revenues 8. Experience of Similar Facilities III. Decision Point -GO/HOLD -and Future JPA Structure A. Assessment of Long Term Project Alternatives B. Organizational Considerations 1. Membership (Mt •. View, Santa Clara County and City, etc.) 2. Cost Sharing Formula 3. Other Factors IV. Develop Work Program for Planning and Procurement Phase V. Develop Permanent JPA Structure 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 OFFICE OF THE CITY CLERK January 19, 1982 Citlf of Cupertino North Santa Clara County Municipal Solid Waste Management Program Attention: Thomas M. Henderson, General Manager c/o City of Palo Alto, Public Works Department 250 Hamilton Avenue Palo Alto, California 94301 P.O. Box580 Cupertino, California 95015 AGREEMENT TO EXTEND UNTIL JULY 1, 1982 -THE JOINT EXERCISE OF POWERS AGREEMENT We are forwarding to you a fully executed copy of the proposed JPA Extension Agreement. Sincerely, ~~~ D~R~THY CO~ELI-;S ,/"' . CITY CLERK CITY OF CUPERTINO DC/so encl. "f. r.' ~ RTH SANTA CLARA COUN MUNICIPAL SOLID WASTE MANAGEMENl-PROGRAM 111 Cupertino• Los Altos • Los Altos Hills• Mountain View • Palo Alto• Sunnyvale• Santa Clara County December 15, 1981 Mr. Robert W. Quinlan City Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Dear Mr. Quinlan: Enclosed you will find a copy of the proposed JPA Extension Agreement for presentation to your Council for approval. It provides for the following: 1. Extension of the current JPA Agreement by the six City Members, but without the County, for six months until July 1, 1982. 2. Approves a budget of not more than $200,000, plus available State Grant Funds, for the extension period. The proposed Extension Agreement has been reviewed by the City Attornies of Palo Alto and Sunnyvale as to for~ and legal sufficiency. If you have any questions concerning the Agreement, p 1 ea s e g i v e e i the r my s e 1 f or on e of th o s e at t o r n e i es a ca 1 l • I can be reached at (415) 329-2638. A fully executed copy of forwarded to this office approval is given. Sincerely yours, THOMAS M. HENDERSON General Manager TMH/cjl Attachment the Extension Agreement should be as soon as possible after Council - ""'1&'1111-.i_._ _____ c/o City of Palo Alto, Public Works Department:. 250 Hamilton Avenue, Palo Alto, CA 94301 (415) 329-2325 AGREEMENT TO EXTEND UNTIL JULY l, 1982 THE JOINT EXCERCISE OF POWERS AGREEMENT NORTH SANTA CLARA COUNTY MUNICIPAL SOLIIT WASTE MANAGEMENT CITY OF CUPERTINO, CITY OF LOS ALTOS, TOWN OF LOS ALTOS HILLS, CITY OF MOUNTAIN VIEW, CITY OF PALO ALTO, AND CITY OF SUNNYVALE WHEREAS, the undersigned parties, along with the County of Santa Clara, have executed a Joint Exercise of Powers Agreement North Santa Clara County Municipal Solid Waste Management, dated March 10, 1977; and WHEREAS, pursuant to paragraph 13 of said A~greement, said agreement was to continue in full force and effect until January 1, 1979, unless sooner terminated or extended by written agreement of all parties; and WHEREAS, the undersignt!d parties, along with the County of Santa Clara, have extended said Agreement three t.imes before until January 1, 1980, January 1, 1981, and January 1, 1982, respectively, and the_ undersigned parties desire to extend the original agreement as amended hereinafter for an additional six months, until July 1, 1982, unless " ' - sooner modified or terminated by written agreement of all parties; and WHEREAS, the County of Santa Clara does not desire to extend said ; Agreement but the undersigned parties want to encourage the Coutny at some future date to once again become a party to said Agreement, or successor agreement, under terms and conditiotis acceptable to the undersigned parties including full financial participation; and WHEREAS , The Govern i ffg Bo a rd has a P.P r r. v e d a work pl an and a b Lidge t for the six month extension period of this agreement totaling TWO HUNDRED THOUSAND DOLLARS ($200,000.00) plus those sums which may be available from the California Solid Waste Management Board. NOW, THEREFORE, the undersigned mutually agree that the said agreement shall be amended to provide as follows: 1. The undersigned parties, without the participation of the County of Santa. Clara, desire to continue the t e rm o f t h e Ag re e me n t by am e n d i n g p a r a g r a p h 1 3 s o that the Agreement shall remain in full force and effect until July l, 1982, unless sooner terminated or extended by written agreement of a 11 the undersigned parties. 2. The undersigned parties further desire to authorize by amending subparagraph 17a) the expenditure of not more than TWO HUNDRED THOUSAND DOLLARS ($200,000) during the period from January l, 1982, to June 30, 4, 1982. Expenditures shall be made in order to carry out the work program described on Exhibit A, attached hereto and made a part hereof. The expenditure of any grant funds available from the California State Solid Waste Management Board during the term is also authorized. 3. Except as otherwise amended hereinabove, all of the terms of said Agreement shall remain in full force and effect. EXHIBIT 11 A11 JOINT POWERS AGREEMENT WORK PROGRAM I. Review current options. A. Existing landfills. 1. Evaluate existing and potential sites. 2. Develop strategy .for extending life of these sites. B. Develop an interim landfill solution. C. Implement interim landfill plan. D. Review possible long-term solutions previously identified. E. Acquisition of p.roject site(s). II. Develop Definition of Long-term Project A. Refine Waste Stream Perameters 1. Quantity 2. Quality 3. Availability 4. Source Separation Option B. Reevaluate Existing Technological Alternatives 1. Landfill 2. Transfer/Landfill 3. Volume Reduction/Landfill 4. RDF/Transfer 5. RDF on site 6.-Mass Burn 7. Modular Incineration 8. Combination of above 9. Others C. Evaluation Critetia for Technological Alternatives 1. Project Ownership/Financial Alternative 2. Site Considerations 3. Transportation requirements 4. Environmental issues 5. Markets (if appropriate) 6. Procurement options 7. Project Cost Estimates and Revenues 8. Experience of Similar Facilities . . Ill. Decision Point -GO/HOLD -and Future JPA Structure A. Assessment of L-0ng Term Project Alternatives B. Organ1zational Considerations 1. Membership (Mt. View, Santa Clara County and City, etc.) 2. Cost Sharing Formula 3. Other Factors IV. Develop Work Program for Planning and Procurement Phase V. Develop Permanent JPA Structure 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 25i-4505 DEPARTMENT OF THE CITY CLERK June 24, 1981 City of Mountain View Director of Public Works Mr. Allen Shelly P. 0. Box 10 Citlf of Cupertittil Mountain View, California 94042 P.O.Box580 Cupertino, California 95015 ORIGINAL AMENDMENT NO. 2 TO THE JOINT EXERCISE OF POWERS AGREEMENT -NORTH SANTA CLARA COUNTY MUNICIPAL SOLID WASTE MANAGEMENT Enclosed is the original of Amendment No. 2 to the Joint Exercise of Powers Agreement regarding the North Santa Clara County Municipal Solid Waste Management, It is being forwarded to you, and after completion would you please send to the Town of Los Altos Hills, who will in turn send to the County of Santa Clara. Very truly yours, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. '· O .. ;, : .. ,. ·t ('· ~nn·:.~,ct ,_,I ...... : • j '·' t. rl ~ AMENDMENT NO. 2 TO THE JOINT EXERCISE OF POWERS AGREEMENT NORTH SANTA CLARA COUNTY MUNICIPAL SOLID WASTE MANAGEMENT CITY OF CUPERTINO, CITY OF LOS ALTOS, TOWN OF LOS ALTOS HILLS, CITY OF MOUNTAIN VIEW, CITY OF PALO ALTO, CITY OF SUNNYVALE, COUNTY OF SANTA CLARA I I WHEREAS, the undersigned partiJs have executed a Joint Exercise of Powers Agreement--North Santa Cl~ra County Municipal Solid Waste Management, dated March 10, 1977; a~d . I . WHEREAS, pursuant to Paragraph 18 of s·aid agreement, the financing of the costs incurred und~r said agreement is shated by the parties in proportion to their popullation·based Upon the 1975 population figures: and · ' . . I • I WHEREAS, it is now apprOpriate Ito revise the 1975 population figures with the latest cen~us resu~ts and it is further necessary to increase the share of costs to be bdrne by the City of Mountain View from one-half to a full share. I I NOW, THEREFORE, the undersigne9 mutually agree that Paragraph 8 cif said agreement shall be and is h~reby amended to provide as follows: I 11 8. Financing i Each party shall bear its 1share of the cost of this Phase I Joint Powers !Agreement, based upon the ratio of each party's !population to the total population of the parties jhereto~ Such percent-ages are set fdrth in Exhibit "A" attached hereto and by this re~erence inc~rporated herein. Upon unanimous agreement by the representatives of the parties hereto) Exhibit "~" shall be administra~ tively revised lfrom time tlo time to reflect the latest authori~ative popu]ation figures for each party. 1 I I The population for the Co~nty shall be based upon the population of the uhincorporated area of the County covered. 1 by this ag*eement. All expendi-tures under this Joint Po~ers Agreement shall be borne by the PdFties in ttte proportion set forth in said Exhibiti, "A" and ad subsequently revised." I I ' Except ·as otherwise !~mended heJeinabove, all of the other terms of said agreement shall uemain in fJ11 force and effect. I. I iu;;ROVE~~ :fORM: c~f/,~Iw 1':1 ty Attorney APPROVED AS TO FORM: CT:,y ~;'. ~~1E9;:t{i- I~ · I ·-' ' I . . / ~-. I CITY OF) LOS ALTOS ---'~~· . . v> (j' ~ -:--i'~f~! '-- TOWN OF LO~ ALTO~~LLS I DATED: DATED: DATED: APPROVED AS TO FORM: City Attorney APPROVED AS TO FORM: ~) (} /] ;/ 1(/'-' C( ·-' ({}./ ~{ C( Jf~f CitY, Attorney APPROVED AS TO FORM: ~-~~~~~-=-~ County Counsel ; . I I CITY OF MOUNTAIN VIEW IT Y ·OF PAL!LTO . \ . ,l__ W---~-- ~Jk~ J . i COUNTY OF SANTA CLARA · 11 I 11 : ,' -2- DATEEl: DATED: z;l_c)/r I I , DATED: 1i4£; / ) DATED: ,. .. 10300 Torre Avenue Cupertino, California 95014 Telephone (408) 252-45051 1r of Ci1~rtitt0 I December 17, 1980 Attention: Bruce W. Bkrj ,I 1 I Assistant City Enginee~ One No. San Antonio Road City of Los Altos, CA i . I ; I Dear Mr. Bane: I I , \ I We are enclosing to yoµ 1t!h1ti,; original Agreement to Extend Until January 1, 1982 the Join:t Exer1~~1e! Powers Agreement. It has been fully execµtled: the City Attorney and Mayor of the City of Cupertino. 1' I 1 Sincerely, DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. \ : j, I ;1 AGREEMENT TG> EXTEND UNTIL JANUARY 1, 1982 THE JOINT iEXERCISE OF POWERS AGREEMENT I! NORTH SANTA CLARA d©UNTY MUNICIPAL SOLID WASTE MANAGEMENT I ii ' I I: CITY OF CUPERTINiO, C]TY OF LOS ALTOS, TOWN OF LOS ALTOS HILLS CITY OF MOUNTAIN VIEW, CITY OF PALO ALTO, CITY OF SUNNYVALE, C®UNTY OF SANTA CLARA I. WHEREAS, the undersig~ed parties have executed a Joint Exercise of Powers Agreement--North ]Santa Clara County Municipal Solid Waste Management, dated March 10~ 1977; and . 111 WHEREAS, pursuant to waragraph 13 of said agreement I said agree-ment is to continue in full force and effect until January 1 , 1981 unless sooner terminated I llor extended by a written agreement of all parties; and j 11 h d · ~ d · d · d h 'd J WHEREAS, t e un ers1gne parties es1re to exten t e sa1 . anuary 1, 1981 date for an additibnal~period of one year. 11 NOW, of said follows: 'I THEREFORE, the &ndersiqned mutually agree that paragraph 13 i -agreement shall ! be and is hereby amended to provide as "13. Term. This agreekent shall become effective as of the date of the last ekecution hereof by the parties and shall con-tinue in fprce and effect until January 1, 1982 unless sooner terriinated or extended by written agreement of all parties." Except as otherwise akended hereinabove, all of the other terms of the said agreement shall r~main in force and effect. ~PPROV;)D c:h~ ,S~~FORM: ~/~~ City Attorney APPROVED AS TO FORM: City Attorney Constance Heneke APPROVED AS TO FORM: City Attorney APPROVED AS TO FORM: [~~ City Attorney APPROVED AS TO FORM: ,~. I ., ·.' )\ :-, Ii (·. ( 11;/v{ (l •; )/ ' \/"-.. .f,. . l.-\ I _I t_.,. ~ I v'J County Counsel I DATED: BY : (, o:) 1· /.?-/7·-J't) CI~Y OF LOS ~ DATED: '· ··-·-·-r' I . ·---:J..r.-. . 1,.1 . ,. BY: I\ ·/.yr·_)/2:· 1 )'1"'.Ff,);;···<.(·/t,,·,,, 11/25/80 . ) ;. ) -· (... I 1 ( -{ . '\.,....· -" .-£_ , ,.. VI _ -Harry C. Klllshian, Mayor TOWN OF LOS ALTOS HILLS DATED: BY: CITY OF PALO ALTO DATED: By : ak2a21.< Jjq~t.1.4-<"b---= , DATED: /(/0-81> COUNTY OF SANTA CLARA DATED: BY: ..,...--/ .... ':;morandurn ... :-.i' ~~· ; ~t \...~·· \q~o ---7< t (,~:~ t~h~1iO\ ... ~,'.;.~''.''1/!j r;::TO;:;---------------------~~:-:P::-0::-M--:---:-_:-'-----o-.---'---~.-----------· ·'i'Z~'o/-:",.;"l · ~ · ,=..~A-?!ann1ng, S0l 1d '..taste i_~ \~t-:::::-7T-:::h-;-e;::-;::-8:;::o_a_r_d_o_f_S_u...:p_e_r_'_J_i _so_r_s _______________ ..:..M..::a:::n:..:-=a9c:1~nl: Progr~------------' ~~ ;e,1 SUBJECT DATE :~_i~ NORTH COUNTY JO I NT PCMER.S AGENCY Septer..ber 29, 1980 EXTENSION OF 1 HI:. JPA AGREEMl:.fH Prepared RECOMMENDED ACTION Adopt the accompanying Resolution of the Board of Supervisors approving exLension of the existing Joint Exercise of Powers Agreement until January l,, 1982.. A copy of the original JPA agreement and the required Board Resolution7 approved by the County Counsel, are included. COSTS TO THE COUNTY The N.CJPA Program is operating _on funds from previous assessments augmented by grants from the State Solid Waste Management Board_ Current funding is expected to be sufficient to complete the study contracts v1hich are presently cornrni tted. The program has narrowed its view of waste management and resource recovery down to a few specific procedures; future funding requirements will depend entirely upon actions of the JPA Governing Board in selecting and implementing a program. REASONS FOR RECOMMENDED ACTION The existing, temporary JPA Agreement will expire on January 1 7 1981. and the County participation will cease on that date unless the Board votes to extend. BACKGROUND The North County Joint Powers Agency carr.e into existence through the orrgina.l,, temporary agreement dated March 10, 1977. This set the Agency in motion to collectively examine the options 1.'-lhich were ope.n to the seven jurisdictions (six cities and the County) in the area relative to solid \-/aste management:~ resource and energy recovery under the aegis of the Count~~ide Solid Waste Management Plan. Since that time the Agency has pursued its stated program of identifying sufficient landfill capacity to accommodate the needs of the seven juris- dictions for approximately 10 years in the short term> and of determining the most acceptable methods to use in resource and energy recovery in the Jong • term. Each of these studies is being actively carried on and continuation of the JPA is necessary to see them properly concluded. Memorandum to Board of S!.toervisors -September 2.9, 1980 ~. , Page 2 ONSEOUENCES OF NEGATIVE ACTION Failure of the County to extend the Agree11.ent \-/Ould, at the least, remove County representation for unincorporated areas v1ithin the J?.l\ boundaries (represents about 10"/o of the total population there), and it would have a decidedly detrimental effect upon any proposed JPA financing~ STE PS FOLLO\.J I NG APPROVAL Execute the Resolution extending the JPA Agreement and for,1ard it to the Di rector of Public Works, City of Palo Alto, acting as lead agency for the group. jl sta O~tober 23, 198fr THE HONORABLE CITY COUNCIL Palo Alto, California -------/ .CITY OF CUPERTINO PUBLIC WORKS . OCT 2 81980 One Year Extension of the Joint Exercise of Powers Agreement for the North Santa Clara County Municipal Solid Waste Management Program Members of the Council: The Joint Exercise of Powers Agreerrent (JPA), dated March 10, 1977 which established the North Santa Clara County Municipal Solid Waste Management Program is currently scheduled to ex pi re on January l , J 981 . It is recommended that City Counci 1 approve another one year extension to the ~PA. A copy of the existing agreement, the pre-viously approved one year extensiom and the currently proposed amendment are attached. Discussion ' I ' i ! The JPA includes -the cities ofLftperlt.JllQ_, ___ Los_.l\Jto~, Los Altos Hills., Mountain View,.. Palo Alto, and Sunnyvale, as we. as1I Santa Clara Cot.inty. It was established to accomplish three maJor tasks: ' , . · I I To conduct a Sanitary Landfill rtudy and select an interim (10-year) site or sites. I • I j To conduct a conceptual resou~cF recovery study. To form a second phase Joint Rakers Authority based of the studies, if appropriate.:, I I I upon the results The City of Mountain View is lead agency concerning the interim landfill study. Alternative sites have been select~d~ and progress is being made on an agreement between JPA member agencies. The ~e~ource Recovery Study has reached t~e point where the firm of Peat, Marwick anq ~itchell is currently working on an economic feasibility analysis. By about the first of next year, the result of their analysis will be known. It will be the bas~s!for a decision whether or not to continue with specific project implementation. ':, \ The State Sol id Waste Manageme.nt Bo,,al1 d has p.rovided the JPA with a $148,000 grant. This grant will pay for a portion af the Peat, Marwick and Mitchell study, and will be used toward contin~ing studies related to an actual project, if one is to be implemented. The Solid Wast~ ~anagement Board granted the $148,000 on the proviso that the JPA would continue1 in being throughout the study process. In view of this, it is essential that 1.each member agency approve an extension to the current agreement. At some. future d~te the organization and contract of the JPA may be changed. In the interim, th~IJPA Governing Board has voted unanimously ' I I I! CMR:469:0 to recommend that each participating jurisdiction approve the agreement extension for one year to January 1, 1982. An extension of the current agreement will not require any additional appropriations by the participating jurisdictions at this time. Should the agency decide to continue with development of a specific project, each member agency would need to provide additional funding. Environmental Review This action in and of itself, does not require any environmental action. Recommendation It is recommended that the City Council approve the attached "Agreement to Extend until January 1, 1982 the Joint Exercise of Powers Agreement". f. Re~tfull~ s~i}je~ ~-crudi-U~~ DAVID G. ADAMS Director of Public Works . ~) CJ __ .. -t'.~ b.-:-----WI LLIA ZANER City M nager CMR:469:0 JOINT EXERCISt OF POWERS ftGREEMEUT . NORTH SANTA CLARA COUNTY MUIHCIPAL SOLID HASTE MMJAGEMErH CITY OF CUPERTINO, CITY OF LOS ALTOS, ClTY OF THE ·rmm OF LOS ALTOS HILLS, CITY OF MOUNTAIN \'lEH, CITY OF ~ALO /\L TO, CITY OF SUIHJY\'ALE, AND COUNTY OF SAIJTA CLARA PHASE I AGREEMENT 'Cl1Y OF CUPERTINO • . PUBLIC WORKS JUN 0 61980 This agreement, dated for convenience as of Harch 10 , 1977, by and between the City of Cupertino ("CUPERTHW"),.the City of Los Altos (•'LOS ALTOS"), the tity of the Torm· of Los Altos Hills ("LOS ALTOS HILLS"), the City of Mountain View .C"'MOUfHAlN VIEW'), the City of Palo Alto ("PALO ALTO")", and the City of Sunnyvale C'SUWlYVALE"}, all jointly referred to herein as the "cities•.• and the County of Santa Clara (the "COUNTY°), (the cities· and the County sometimes hereafter being jointly referred to ~s the .~'Parties"), · · · ·. · . . . WHEREAS, each of the parties hereto ·has· the ·power to acquire,. co.nstruct:, complete· and operate municipal solid waste·disposal-facilities, and facilities for the tecoyery of resources· and energy .contained within "solid \i'aste; and the parties propose by this agi·eernent to exercise said power jointly for the purposes, pri nci-pl es, and_objectives hereinafter set forth; and each of the parties is willing to plan with the other parties for future joint solid waste disposal and resource and energy recovery facil it~ es which.will protect al 1 of the parties; and. · WHEREAS, a ~iorth County Sol.id Haste Management Study .Group composed of· representa_. tfves each of the parties.issued a report <lated Oei:ember 16, 1976 entitled "Policy and_ Action Pl an for ~orth County Solid Haste Di.sposal System"; a.nd · WHERE~S, said report has been approved by the legislative body of ·each of.the parties; and · · WHEREAS, the·partiei make and enter into thfs agreemen~ for the purpose 6f imple-menting Phase I of the Policy and Action Plan recommended by said report. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: l. P.urpose The general purpose of Phases I and II as recommended by the Worth County Solid Waste Management Study Group is to provide for the safe, reliable, . envi r:onmentally sound, technic!ll1Y, i nsti tu ti onally,. .poli.ti cally and eco-·nomical ly feasible disposal of solid waste generated through the year 2000 ·by th·? North County Region as described in the Santa Clara County Sol fd Waste.Management Plan. · The spe~ific purpose of thi~ a$reement for the implemen~~tion of Ph~se I of the progr<i:i1 is: ._a) To fin<:nce ·geological study, land appraisals, r.esotirce and energy recovery development plan, and corresponding environ~ental impact reports. b) To make.consultant selection for the activities indicated above. c) To make rccoirnrK•ndations· t:o the parties on the location and acqui-sition of landfill and processi~tl sites. · . • I . ' d) 7o develop the functions and duties of the comprehensive second p~u~C joint F~wcrs agreement. 2 •. Guidin5 ~rinciples The guiding principles of this agreement and the reports to be made pursuant to this agreement are as follows: . ) . a} To ·conserve natural resources and substantially reduce dependency .. . on sanitary 1 andfil ls. · b) .. To.ensure that the.program developed complies w1th state and · .federal requ1 rement,s • · · c) To pursue alternatives which are flexible and technologically sound.· d) To assure that any solid waste :transfer and/or pi-oces~ing ·sta-tion, facility, or landfill ·site proposed hereunder \1hi ch is. located or to be located within the urban service area of any· city receives the approval Df that city, such approval not to be· a ~!legation of the police power of county~· · · e} To assure that any city.which a~sumes more.th~n-fts proportionate ·share of the adverse impacts for disposing or processing of solid waste materials .receive a correspon_di ng financial or other benefit:·. f) To view economic feasibility frora a ·long-terin, least cost per-spective and to this end assur·e that each city has control over . its refuse ·stream. · ·9} To vigorously seek financial and technical assistance available at the ·1ocal, state, and fedei:-al levels. . . h) To explore a common interest in joint disposal operations and opportunities with other jurisdictions such as the Milpitas-San Jose-Santa Clara proposed .,ioi nt ·powers agreement •. .. i} To involve the public in the process through infonnation programs._ 3. Objectives a) The objectives of this Phase I Joint Powe~s Agreement are as follows: (1) By November 1977 to complete a study which will pro-vide a recommendation for the selection -Of landfill sites \'Jhich will provide at least, ten years of land-fill capacity for all parties. .7.· Private Garbage Collection and Disposal Companies The private garbage collection and disposal companies servfn~ ~ach of the parties to the agreement "till be .requested to serve in such udvisory capac-.ity ·as the Committee shall determine. · 8. finandng The financing of the cost of this Phase I Joint Powers Agreeiilent ·shall be f n proportion to the population of each party based upon the 1975 population · · ·figures for each party. A table shovdng the agreed upon population figures and the share of each party in such costs is attached as Exhibit A and incor-porated by _reference herein. The population for the County is based upon the population of the unincorporated area of the County covered by this agree-ment •. The share of the City of. Mountain View of the cost of Phase I shall be limited·to an amount equal to one-half the nonnal share because the City of .Mountain View alret:.dy has existing sanitary landfill capacity._. All .expen-d.itures under this Jo.int Powers Agreement shall be borne by the parties in the proportions set forth in said Exhibit A. · 9. Administrator of Phase I JPA ·The City of Palo Alto shall be the General Administrator of the Phase I Joint Pow~rs Agreement and shall have the follo~ing powers, duties and responsibili-ties: · a) To act as a Depository of ·all· moneys ·received and disburs·ed pursuant to.this agreement. b). To maintain records of all revenue and expenditures incurred in con-nection with this agreement. · c) To bill each party quarterly~ in advance, for that party's propor-tfonate share of the approved budget, which obligation each party shall pay within 30 days of such billing. d} To make and ehter into contracts, arid to incur debts, liabilities, and obligations, as authorized by the Committee in accordance with.· the provisions of this agreement. e) To take such actions as may be appropriate to implement.the action~· tak~n o~ authorized by the Committee pursu~nt to this agreement. 10. Project Coordinator The· Committee shal1.se1ect..a Project Coordinator-for the Ph.as.e .1 project, and the General Administrator either shall contract with.· or shall employ, the person upon such tenns as are approved by the Committee4 The Project Coordi-nator shall report to and work under the direction ~f the Committee or under such subcommit~ee as the Committee .shall dire~t • . . 11. North County Municipal Sol id Waste Study Fund A fund shall be established by the General Administrator and shall be desig-nated as the ~North County Municipal Sol id Haste Study Fund," into which shall be deposited all moneys received under this Dgre6~ent and from·~hich shall ·be pafd all costs and expenses fncurred under this agreement. There shall be strict accountability of all funds and a report of all receipts and disburse-11ents of such funds.shall be made to all parties periodica.lly as determined by the Committee. In cons-idcration of ·the-services the Genen1l "Adrninistrator shall provide hereunder. the General Administrator shall not be required to account for or pay any interest on funds held pursuant to· this agreement. · 12. Support by Parties Each party agrees to provide reasonable staff support, information and resourc1 that may· be necessary in order to conduct the study. 13. Term This agreement shall bec0me effective as of-the date of the ·last execution hereof by the parties and shall cohti nue in force and effect until January 1, 1979 unless· sooner terminated or extended by written agreement of all parties. 14. Separate Public.Entity ·Not Created The parties do not intend by the execution of this agreement to.create.any ·public entity separate from the parties to the agreement. 15. Liability and·Indemnity Each party shall be· r~s-ponsible tor any· 1 iability· arising out of the acts or omissions of such party, its officers, agents,· and employees ·under this agree-ment and agrees to defend, indemnify, and hold hannless each and every other party, its officers, ·employees, and agents from any liability· for such ~cts o.r omissions. The Project Coordinator shall. be either an employee of the General Administrator.or a contracting party of the General Administrator for purposes of this paragraph. -The General Administrator shall be entitled to reimbursement from project funds, or from the other parties hereto if such funds are not sufficient, for any increase in the cost of its insurance by reason of fts capacity as General Administrator •. 16. Consent of Parties to Certain Actions . . No solid waste transfer and/or processing s·tati on, facility, or 1andfil1 site s'hall be leased, acquired, developed or·used for solid wa.ste emanating from the jurisdiction of any party under Phase I or Phase lI within the Urban Ser-vice Area of-any city without the express approval of the legislative body of.such city. County does not by.this provision-delegate the police power granted to it by the California Constit~tion. · 17. Powers The Committee shall have the following powers. to be implemented through the General Administrator: a) To adopt a bu<;Jget for each fi-scal year or· portion thereof. The total expenditures under this agreement shall not exceed $250.000 unless expressly approved by the governing boards of al 1 partf es. b) To authorize and direct the General ~dmf nfstrato~ to make and enter into contracts·to carry out the provisions of this agreement. c) To select the proje.ct coordinator as specified in paragraph 10; hereinabove. d) To authorize and dir~ct the ~eneral Administratot to contract· )fj th e"ngi nee rs, appraisers, attorneys, and such other consul tan ts, advisors or agents as the Committ~e shall deem proper. e) To authorize and direct the General Administrator to incur debts, liabilities, and obligatfons ·as authorized by the budget adopted .by J_:he Committee. ·No debt, liability or obligation shall be Jncurred in excess of such bu~get .or in violation of the expendi-ture. limitation contained in subparagraph •a• hereof. f) To take such other actions as the Committee may deem appro-priate to carry out the speciffc purposes set forth i.n · : Section 1, provided such actions are. in confonnity with the provisions of this agreement. 18. Surplus Money Upon ten:rinati"on of this agreement,-.any surplus ,.r.mney shall -be -returned to the .parties in proportion to .. the con.tributi ons ·made .unl ~ss otherv:i se expressly agr:-eed upon by all parties. 19.. PHASE II The parties contemplate that upon completion of this Pnase I study, they will enter.into a Phase 11 Joint Powers Agreement to. implement transitional land-rill solutions and a jo1nt energy and resource recovery program as recom~ ~ended by. the Phase !·study, but. they ~o 11ot at this time legall~ o~1igate qr, themse1 ves to enter l nto a Phase II Joint Powers Agreement •. It 1 s 1 ntended · · that the Phase II Joint Pow~rs Agreement will. pursuan~ to Section 6507 of the Government Code, create a public entity separate from the parties hereto, and that tHe funding of Phase II will be based upon the tonnage of solid waste: emanating from each party •. 20. Modification of Agreement No tenn, provision,· or.condition of this· agreement -shall be altered, amendeds or departed from; or ~e held or construed to have.been waived except by the unanimous agreement and c·ons.eI.l.t Df all parties as evidenced by resolutions· or motions adopted by their respective governing bodies spec1~1ca11y a~thorf zing the operation. amendment. or waiver. It is understood. however; that some parts of this agreement are stated in general tenns to preserve a rea-. sonable·degree of flexibility. It is further understood that the Committee may execute operating memoranda from time to time regarding the impl~menta-tion of this agreement. · . APPROVED AS TO FOR'. CITY ·a= CUPERTINO DATED; ,. c C2wz.u46hrrl by: ~o ~ ~ 1 P ;777 t.Y Attorney APPROVED AS TO FORH: CITY OF LOS .Al TOS DATED:. ,/,"" d_. C::~t' by: ~~ h April 20, 1977 ytfty;.f°rnei CITY.OF THE TO\.IN OF APPROVED AS ·ro FORM: LOS Al TOS HILLS DATED: __ a~~-by:~/f.~ {f'c1"t..y Attorney ~ .. f!.P RO ED AS TO FORM: · tiTY OF HOUNTAIU VIEW. DATED: _-)~c -~·~"/ bJ_Wu(J/.JJt:~ &_Jf 41£77 . City At tor y · I . · APPROVED AS .TO fORM: CITY OF PALO ALTO . APPROVED AS TO FORM: .CITY OF SUNNYVALE -. -.s\~:\~-by:~~~~ c, ty tor. Y _ · ' . . - APPROVED AS TO FORM: Bm..:x 66-AZ-12 comnY OF SANTA CLARA I DATED: DATED: ·3 _: .:i-9 -?7 DATED: ... ~R 2 8 1977 City of Cupertino City of Los Altos City of Los Aftos Hills Ci~y of Mountain View City of Pa16 Alto City of Sunnyvale County of Santa Clara Miscellaneous Revenu~s Subtotal Gran ts: SSWMB TOTAL REVENUE STATUS OF JPA FINANCES -(as of September 29, 1980) Received from Source Shown $ 26,160 27,840 7,320 31,320 59~280 111,600 36,480 832 * 300,832 40,000 H $ 340,832 NOTE: That Grant #S9-99-400LG has been awarded in the amount of $148,000, to which is to be added $70,000 .from the JPA. None of that State Grant money has been received, as it is to be claimed as money is expended. * Peer Match Grant from National League of Cities, for Travel Expenses. ** Grant, amended 9/25/79, #S7-28-400G #2 Expenditures to date: r2l'_Q_CS for purpose Shovm and in amounts below: Sanitary Landfill Study Resource Recovery Study Coordinator Services Public Participation Program Ruth Going Curtis Emcon Associates Brown & Caldwell Peat, Marwick, Mitchell & Co. Earth Metrics Good Co. Press let termi 11 Graphic Arts Resource Technology Corp. 17,472 _J_?,932 146,970 12,402 85,950 . I ! 34 64 180 33,404. 159,372 85,950 278 ,~~ ; ~ ' ' Printing & Other Legal Services Good Co. Press Town of Los Altos Hills Robert W. Meyers · Mark Harris Leo Sides Travel· Service Earth Metrics (Seminar) E~rth Metrics (reproduction) Holmes Co111position Service San Jose ~lue Print Serv. & Sup, Jones, Hall, Hill & l·lhite TOTAL EXPENDED FOR PURPOSES SHOWN Encumbrances not yet billed (assuming the ''not to exceed" figure on contract): Ruth Going & Curtis Brown & Caldwell Peat, Marwick, Mitchell & Co. Bob \iJenzlau Potenti a 1 subsequent payments ..... . Total Expended or encumbered: Total Revenue Received: Total Spent or Encumbered: Potential revenue not yet realized 57 120 941 . 79 355 197 498 48 86 500 7,528 4,850 30,098 _2_~00 4~,476 340,832 326,361 -14-;471 / 2i381 500 281,885 /,./·-· i 44~76 3 2 ~' 36_~ Sl48,000 State Grant Funds ... ~, ,. . f~~~ -<! ... AGREEMENT TO EXTEND UNTIL JANUARY 1. i9so THE JOINT EXERCISE OF POWERS AGREEMENT- NORTH SANfA CLARA COUNTY fiJNICIPAL SOLID WASTE MANAGEMENT CITY OF CUPERTINO, CITY OF LOS ALTOS, TOWN OF LOS ALTOS HILLS. CITY OF MOUNTAIN VIEW, CITY OF PALO ALTO, CITY OF SUNNYVALE," COUNTY OF.SANTA CLARA .. WHEREAg, the undersigned parties have executed a Joint Exercise of Powers Agreement--North Santa Clara County Municipal Solid Waste Management, dated March 10, 1977, and WHEREAS, pursuant to paragraph 13 of said agreement, said agreement is to continue in full force and effect until January 1., 1979 unless sooner terminated or extended by a written agreement of all parties, and WHEREAS, ·the undersigned parti~s' d~sire to extend the said January 1, 1979 date for an additional period of one year. ' NOW, THEREFORE, the undersigned mutuaily agree that paragraph 13 of said agreement shall be and is hereby amended to provide as follows: u13. ~· This agreement shall become effective as of the date of th~ last execution hereof by the.parties and shall continue in force and effect until January 1, 1980 unless sooner terminated or extended by written agreement of all parties." Except as is otherwise amended hereinabove, all of the other terms of the said agreement shall remain in force and effect. APPROVED AS TO FORM: ~ City Attorney APPROVED AS TO FORM: (J:4;:,~ City A..!JiorneJ· PT~ ity Attorney APPROVED AS TO FORM: v CITY OF CUPERTINO CITY OF LOS ALTOS TOWN OF LOS ALTOS HILLS CITY OF PALO ALTO By: /"? / -. //~, (· /_/I/ c 7 , . / . ~ -···,..._A Co~ ~y COF SANTA CLARA By: Dated: /.2/S" /7 F Dated: / / Dated: Dated: Dated: /-2.f"-77 "'""-L. _.J_ UCt-t:U. Dated: A~REEME~T TO EXTEND UNTIL JANUARY 1, 1981 THE JOINT EXERCISE OF POwERS AGREEMENT· NCRTH Sr.. .• A CLARA COUNTY fttJNICIPAL SOUL ASTE MANAGEMENT . CITY OF CUPERTINO, CITY OF LOS ALTOS, TOWN OF LOS ALTOS HILLS, CITY OF MOUNTAIN VIEW, CITY OF PALO ALTO, CITY OF SUNNYVALE,·· COUNTY OF.SANTA CLARA . WHEREAS, the undersigned parties have .executed a Joint Exercise of Powers Agreement--North Santa Clara County Municipal Solid Waste Management, dated March 10, 1977, and WHEREAS, pursuant to paragraph 13 of said agreement, said agreement is to continue in full force and effect until January 1, 19SO unless sooner terminated or extended by a written agreement of all parties, ana WHEREAS, ·the undersigned parties' desire to extend the said January 1, 1930 date for an additional period of one year. NOW, THEREFORE, the undersigned mutuaily agree that paragraph 13 of said agreement shall be and is hereby amended to provide as follows: 1113. Tenn. -. This agreement shall become effective as of the date of the last execution hereof by the parties and shall continue in force and effect until January 1, 1981 unless sooner terminated or extended by written agreement of all parties." Except as is otherwise amended hereinabove. all of the other terms of the said agreement shall remain in force and effect. APPROVED AS TO FORM: /s/ A.A. Lagorio City Attorney APPROVED ftS TO FORM: ,.., ,. / . , . !~ -l'/ / .' ':7 L--7 J !, /, . ,_ /,-I "" ,/i .'-'f .,., City Attorney APPROVED AS TO FORM: ·~ ·-. APPROVED AS TO FORM: ) ,-,/ ~JU //{/hf/ c_ity Jtto~ney .1 AP.PROVED AS TO FORM: // 0 QA q,JL.Q-.kk County_Attorney CITY OZl'lOUNTAI. N.'/·'1.JEW . By:~~ CITY OF PALO ALTO COD~ r~\ SANTA 1 f ' i : I /1 I\ / I I l!J, I/ By: :, 1. \'111lv i rv~r c11n~~~c~•~ ~." ·,,,.-:nl M Su1)cr..,iso:r.s .._..j_ I0.!-~,11..1' ....... ();_, -----· . \j '; Dated: Dated: March 14, 1980 Dated: Dated: Dated: ~~ ,_J __ ~ ). '{ i <; j 9 Dated_: I I /' )• __ .,..;'__(.__ .. Dated: ) -.