1998-101-Execute The First Amendment To The Agency Agreement With The County Of Santa Clara For Participation In A Household Hazardous Waste Collection Program For FY 1998-99RESOLUTION 1998 - 101
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE FIRST AMENDMENT
TO THE AGENCY AGREEMENT WITH THE COUNTY OF SANTA CLARA
FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM FOR FY 1998 -99
FOLLOWS:
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS
That the Town Manager is authorized to execute 1.) the First Amendment to the
Agency Agreement (Exhibit A) with the County of Santa Clara to participate in the Countywide
Household Hazardous Waste (HHW) Collection Program for FY 1998 -99, and 2.) future
amendments to the Agreement so long as they conform to the adopted Town budget.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 6th day of July, 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:,_'
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/1090910/
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS. CALIFORNIA
OFFICEQF THE TOWN CLERIC
AGR 7 ?j '''3S
FIRST AMENDMENT TO 11111
AGENCY AGREEMENT FOR COUNTYWIDE OPD
HOUSEHOLD HAZARDOUS COLLECTION PROGRAUC f_ /�� ---- -y
This is the first amendment to that certain agreement between the of
(City) and the County of Santa Clara (County) entitled
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM, which became effective on July 1, 1997.
The parties agree that:
1. In accordance with Section 8, TERM OF AGREEMENT, Beginning
July 1, 1998 this amendment shall extend said Agreement, its
provisions and financial commitments through Fiscal Year '99 (July 1,
1998 through June 30, 1999). Section 8, TERM OF AGREEMENT is
amended to read: This agreement shall be effective on July 1, 1997
and shall remain in full force and effect until terminated by either party
hereto upon thirty 130) days written notice to the other party or until
midnight June 30, 1999, whichever comes first. This Agreement may
be extended from year to year upon written agreement of County and
City.
2. Section 5A, CITY FUNDING COMMITMENT, is amended by adding
a new paragraph to read as follows: City agrees to budget up to
$ to the County -wide Program during FY '99. The per
vehicle costs for service are estimated at $90.00 per vehicle for the
mobile HHW events and $45.00 per vehicle at the BOP Centers.
Payment shall be made as described in Section 6C below.
3. Section 6, PAYMENT TO COUNTY, is amended by adding
a new paragraph, 6C for services performed in FY '99 to read as
follows: Payment for Mobile Events and BOP Center costs, based on
the committed budget above, are due in four (4) equal installments and
a final reconciled payment if necessary. City shall make payment to
County in accordance with the following schedule.
FY `99 Amendment 1 06/01/98
At the end of each fiscal year a final annual cost statement shall be
prepared by the County and issued to the City by September 15 of the
following fiscal year. The annual cost statement will take into
consideration all costs incurred on behalf of the City and all payments
made by the City to the County. If any balance is owed to the
County, it will be due on October 15 following receipt of the annual
cost statement. If any credit is owed to the City, the City shall select
one of the following three options:
1. A credit will be issued to the City for the second quarter
billing period of the following fiscal year and any future billing
period until the credit is used.
2. City may use credit to increase total commitment amount
agreed to for the following fiscal year.
3. City may request a refund. If a refund is requested,
payment will be made within 30 days from the receipt of a
written request from the City.
City elects option 3 as its choice if payments exceed actual
costs. In the event that no Agency Agreement is entered into
between the County and the City for the next fiscal year, the County
will refund to the City any overpayment made by the City by October
15, 1999.
FY `99 Amendment 2 06/01/98
Service Dates
FY '99 Invoice
Payment Due
Quarter
Date
Date
1
July, August,
August 1, 1998
September 1,
September,
1998
1998
2
October,
November 1,
December 1,
November,
1998
1998
December, 1998
3
January,
February 1,
March 1, 1999
February, March,
1999
1999
4
April, May, June,
May 1, 1999
June 1, 1999
1999
Final
Reconciliation of
September 15,
October 15,
Fiscal Year 1999
1999
1999
At the end of each fiscal year a final annual cost statement shall be
prepared by the County and issued to the City by September 15 of the
following fiscal year. The annual cost statement will take into
consideration all costs incurred on behalf of the City and all payments
made by the City to the County. If any balance is owed to the
County, it will be due on October 15 following receipt of the annual
cost statement. If any credit is owed to the City, the City shall select
one of the following three options:
1. A credit will be issued to the City for the second quarter
billing period of the following fiscal year and any future billing
period until the credit is used.
2. City may use credit to increase total commitment amount
agreed to for the following fiscal year.
3. City may request a refund. If a refund is requested,
payment will be made within 30 days from the receipt of a
written request from the City.
City elects option 3 as its choice if payments exceed actual
costs. In the event that no Agency Agreement is entered into
between the County and the City for the next fiscal year, the County
will refund to the City any overpayment made by the City by October
15, 1999.
FY `99 Amendment 2 06/01/98
4. The Agreement is amended to add Section 11, EMERGENCY
SERVICE and to read as follows: Participating jurisdictions at their
option, may desire to provide residents with convenient emergency
opportunities to safely dispose of their household hazardous waste
(HHW) in the event of a disaster. The purpose of this emergency
planning for HHW is to minimize potential public health and safety
impacts, as well as to minimize costs and confusion. This section will
provide clarification to local jurisdictions on delegation of City and
County responsibilities for the collection of household hazardous
wastes in response to an emergency.
r
City shall make good faith efforts to provide the public with
information related to the problems associated with HHW along with•
information about special collection events and services. Upon the
decision to hold an emergency collection event, it is the City's
responsibility to make a good faith effort to prepare and disseminate
the necessary outreach to notify the public of a special emergency
event. An emergency collection event shall be initiated by a written
request from City to County. Collection events can be scheduled in as.
little as ten (10) working days of a City's written request or at an
agreed upon date thereafter.
The County agrees to conduct the event at a mutually agreeable site.
The County will obtain the necessary permit from the State
Department of Toxic Substances Control, and handle wastes in
accordance with State law and in accordance with the AGENCY
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM.
The County will bill City for all special emergency events on a cost
recovery basis and all payments shall be due thirty days following the
receipt of the invoice.
5. Exhibit A and Exhibit B are amended as attached hereto and
incorporated herein by reference.
6. Except as amended herein, all terms and conditions of the
Agreement shall remain in full force and effect.
FY `99 Amendment 3 06/01/98
7. This first amendment is effective on July 1, 1998.
WHEREFORE the parties, through their duly authorized representative, have
entered into this first amendment to agreement on the dates shown below:
CITY OF COUNTY OF SANTA CLARA, a
a municipal corporation. political subdivision of the
State of California.
DATE DATE
Title Chairperson, Board of Supervisors
Attest: Attest:
Title
APPROVED AS TO FORM
City Attorney
Clerk, Board of Supervisors
APPROVED AS TO FORM
AND LEGALITY: c _
Deputy Co tiln y Counsel
FY `99 Amendment 4 06/01/98