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1999-031-Execute A Letter Of Agreement With The County Of Santa Clara And The City Of Monte Sereno For Reimbursement Of ExpensesRESOLUTION 1999 - 31 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH THE COUNTY OF SANTA CLARA AND THE CITY OF MONTE SERENO FOR REIMBURSEMENT OF EXPENSES. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS FOLLOWS: WHEREAS, in May 1998, the Town provided Garage Sale Program coordination services to residents of the unincorporated Los Gatos area in accordance with Letter of Agreement with the County of Santa Clara; and, WHEREAS, the County of Santa Clara wishes to participate in the May 15, 1999, Community Garage Sale; and, WHEREAS, the City of Monte Sereno also wishes to participate in the 1999 Community Garage Sale Program. THEREFORE, BE IT RESOLVED: 1. That the Town Manager is authorized to execute a Letter of Agreement with the County of Santa Clara (Exhibit A) and the City of Monte Sereno (Exhibit B) for reimbursement of expenses related to the May 15, 1999, Community Garage Sale. 2. That the Town Manager is authorized to execute agreement amendments as long as they conform to the Town's adopted budget. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of March, 1999 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins. NAYS: None ABSENT: None ABSTAIN: None CLERK OF THE TO LOS GATOS, CALII GATOS OFFICE E `F {1WN CI.F.Ia.K COUNTY OF SANTA CLARA / TOWN OF LOS GAOvS- Letter of Understanding REC. "_so COUNTY PARTICIPATION IN TOWN OF LOS GATOS COMMUNITY GARAGE SALE This Letter of Understanding (LOU) between the Integrated Waste Management Program (IWMP) of the County of Santa Clara (County) and the Town of Los Gatos (Town) Community Services Department defines services to be provided to the County by the Town of Los Gatos Community Garage Sale Program (Program). RECITALS A. The Town and the County contract with Green Valley Disposal Company (GVDC) for collection of solid waste, recyclable materials, and yard waste for residential service areas within their separate jurisdictions. B. The Town administers a Community Garage Sale Program in which Town residents can participate as buyers and sellers of used goods, thereby reducing the flow of waste to the landfill. C. Inclusion of unincorporated area residents in the existing Town Program will allow those residents to participate in an effective program which includes outreach and publicity, and will reduce the duplication of effort and expense that would result from administration of separate County and Town Programs: D. For the purposes of this agreement "unincorporated area residents" are defined as unincorporated area residents with Los Gatos and Monte Sereno mailing addresses who are served by GVDC. There are 1,380 unincorporated area residents which meet this criteria. Section 1. The County agrees to: A. reimburse the Town 12.8% of the Program's actual costs, not to exceed $1,000. This share is based on household figures provided by GVDC; and B. pay the Town's invoice promptly. Payment to the Town shall be made within 30 days after receipt of the invoice by County. The payment must be mailed to the Town of Los Gatos, Accounts Receivable at P. O. Box 949, Los Gatos, California 95031, and must include the County's purchase order number. Section 2. The Town agrees to: A. provide a Community Garage Sale Program on May 15,1999; B. administer the Program; C. include a statement that Los Gatos and Monte Sereno unincorporated area residents may participate in the sale in all Town press releases, interviews, advertisemeits, posters, and fliers related to the Community Garage Sale; D. coordinate all necessary outreach and publicity; E. create and distribute all outreach materials, including a map of the Town and County areas - page 1 of 3 - showing the locations of all registered garage sales; F. process all requests for garage sale kits and registration forms from County residents; and G. issue an invoice to the County within 30 days of the event. Section 3. Estimated Program Costs Advertising $1,240.00 Copier Charges 330.00 Postage 210.00 Supplies 80.00 Salary Costs & Fringe Benefits 5,940.00 Total Budget $7,800.00 Not -to- exceed County share (12.8% of total) $1,000.00 Section 4. Liability Notwithstanding Government Code Section 895.2, neither the Town of Los Gatos nor the County of Santa Clara, respectively, nor any officer, employee, or agent thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party under or in connection with this LOU. It is also agreed that each party shall fully indemnify, hold harmless, and defend each other from any liability imposed for injury or damage occurring by reason of anything done or omitted to be done by that responsible indemnifying party under or in connection with this LOU. Indemnity shall extend to reimbursement of reasonably incurred costs and attorney fees. Section 5. Notice Any notices required herein shall be in writing and shall be given personally or by certified mail, return receipt requested, addressed to the respective parties as follows: TOWN: Regina A. Falkner Town of Los Gatos Community Services Director 208 E. Main Street Los Gatos, CA 95030 COUNTY: Margaret Rands, Program Manager County of Santa Clara Integrated Waste Management Program 1735 North First Street, Suite 275 San Jose, CA 95112 or to such other address as either party may from time to time designate in writing by notice to the other given in accordance with this section. 11. Entire Agreement This LOU constitutes the entire agreement between the parties for this Program. - page 2of3- Both parties have executed this Letter as follows: County: ar ret J ads, Manager Co ty of Santa Clara Integrated Waste Management Program Date: 3 _ 3 -- 9 '� APPROVED AS TO FORM AND LEGALITY: Kathy Kretchmer Deputy County Counsel ATTEST: Town: i Regina A. F4ner Town of Los Gatos Community Se /'ces irector Date: l David W. Knapp Town Manager Date: 3. t 3 -q S 9�f D L1� . O . Korb, Esq. Town Attorney Ma ian o gr Town Clerk - page 3of3-