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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