CC Resolution No. 16-041 Authorizing the City Manager to Execute the First Amendment to the Agreements For Countywide Household Hazardous Waste Collection ProgramRESOLUTION NO. 16-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO
THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
WHEREAS, there has been presented to the City Council the "First Amendment to the
Agreement for the Countywide Household Hazardous Waste (HHW) Collection Program" for FY
16-17, between the County of Santa Clara and the City of Cupertino; and
WHEREAS, no increase to the agreed upon budget for FYl 6-17 ($0 additional payment
from the City of Cupertino), will provide the County of Santa Clara with sufficient funding to
continue to provide household hazardous waste drop-off services, when needed, for the residents
of the City-oLCupertino-for-fiscaLy:ears 16.,,18 ;-and-
WHEREAS, the provisions of the First Amendment to the Agreement for the Countywide
Household Hazardous Waste Collection Program have been reviewed and approved by the
Director of Public Works and the City Attorney;
WHEREAS, the City Council may delegate contracting authority to City officials, and has
done so from time to time as deemed necessary and in the interests of the City; and
WHEREAS, delegating authority to the City Manager, or designee, to amend, terminate,
and take any and all necessary or advisable actions relating to the Agreement for Countywide
Household Hazardous Waste Collection Program, following approval by the City Attorney as to
form and legality would facilitate continuity of services.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino:
1. The City Council hereby approves executing the "First Amendment to the Agreement for
Countywide Household Hazardous Waste Collection Program"; and,
2. The City Council delegates authority to the City Manager or designee to amend, terminate,
and take any and all necessary or advisable actions regarding the Agreement for Countywide
Household Hazardous Waste Collection Program, following approval by the City Attorney as
to form and legality, and that said delegation of authority shall expire on June 30, 2018.
PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City
of Cupertino this 3 day of May 2016, by the following vote:
Resolution No. 16-041
Page 2
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED:
FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM
The Agreement for Countywide Household Hazardous Waste Collection Program
(AGREEMENT) by and between the ufy of ·no
(CITY) and the County of Santa Clara (COUNTY) previous entered into on July 1,
2015 , is hereby amended as set forth below .
The COUNTY and the CITY agree that:
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1. Section 18 . ADDITIONAL SERVICES UNDER THIS AGREEMENT is
amended in full to read :
18 . ADDITIONAL S~R-VICES UNDER THIS AGREEMENT
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CITY may elect to ·augment funding provided for in this Agreement w ith
CITY funds . COUNTY will provide additional services to CITY upon
written agreement between the CITY's authorized representative and the
Director of Consumer and Environmental Protection Agency . Additional
services may include , but are not limited to , additional appointments
(charged at the Variable Cost Per Car rate),_doo ~to-door HHW collection ,
used oil filter collection , universal waste collection , electronic waste
collection , and abandoned waste collection.
CITY agrees to pay up to an additional $ yi to the Countywide
HHW Program during Fiscal Year 2017 to attain or increase resident
participation above the 4% service level at the scheduled collection dates
listed in Attachment C , attached hereto and incorporated herein .
COUNTY will calculate the augmentation at the Variable Cost Per Car
rate. COUNTY will charge CITY for other services on a cost recovery
basis . CITY authorizes the COUNTY to use CITY'S Available
Discretionary Funding portion of the AB939 HHW Fee , if available, to pay
for the above agreed additional augmentation amount.
At the end of each fiscal year , COUNTY will prepare and issue a final
annual cost statement by November 30th . The annual cost statement
account for costs incurred on behalf of CITY for additional services and all
payments made by CITY to COUNTY . If CITY owes any balance to
COUNTY, CITY shall pay it within 30 days of receipt of the annual cost
statement. If COUNTY owes CITY any credit, COUNTY will refund that
amount to CITY within 30 days of delivery of the annual cost statement.
2. Attachment C to the AGREEMENT is replaced in full by Attachment C
"HHW Schedule For Collection Events for Fiscal Year 2016/2017"
attached hereto and incorporated herein by this reference .
Except as provided herein , all terms and conditions of the AGREEMENT shall
remain in full force and effect .
IN WITNESS WHEREOF, COUNTY and CITY , through their duly authorized
representatives , have entered into this First Amendment to the AGREEMENT on the
last date shown below :
COUNTY OF SANTA CLARA
Signature :
A (bo ~~~
Director of Consumer and
Environmental Protection Agency
Date : __ cf'--+1 /_&__,_/-'-!~& ___ _
' I
c;-\~ OF Cvp&r·Hnc
81?/ L_
APPROVED AS TO FORM AND LEGALITY APPROVED BY THE OFFICE
~Si~·
OF ~E UNTY EXECUTIVE
Lead Deputy County Counsel
Date : 4/4 bl;,
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ATTACHMENT C: HHW SCHEDULE FOR COLLECTION EVENTS FOR FISCAL YEAR 2016/2017
2016/Month
July
August
September
October
November
December
2017/Jan
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I
Day
Friday
Saturday
Thurs,Fri,Sat
Thurs,Fri,Sat
Saturday
Thurs,Fri,Sat
Thurs,Fri,Sat
Fri,Sat
Thurs ,Fri ,S at
Thurs,Fri,Sat
Thurs,Fri,Sat
Thurs,Fri,Sat
Thurs, Fri
Saturday
Thurs ,Fri ,Sat
Thurs,Fri,Sat
Thurs,Fri,Sat
Satrrrdav
Thurs .Fri
Fri,Sat
Fri day
Thurs ,Fri,Sat
Thurs ,Fri,Sat
Saturday
Thurs,Fri,Sat
Thurs ,Fri ,Sat
Fri,Sa t
Thurs,Fri,Sat
Thursday
Fri,Sat
Thurs ,Fri,Sat
Saturday
Fri,Sat
Thurs,Fri,Sat
Th urs,Fri,Sat
Thurs,Fri,Sat
Thurs,Fri
Saturday
Thurs.Fri
Saturday
Fri.Sat
Thurs,Fri,Sat
Thurs ,F ri,Sat
Thurs,Fri,Sat
Saturday
Thurs,Fri,Sat
Date
1
2
7,8 ,9
14,15,1 6
16
21,22,2 3
28,2 9,30
5,6
4,5,6
11,12,13
18,1 9,20
25,26,27
1,2
3
8,9,10
15,16,17
22 ,23 ,24
-.:it
29,3 0
30,1
1
6,7,8
13 ,14,15
15
20,21 ,22
27 ,28,29
4,5
3,4,5
10
11 ,12
17 ,18,19
26
2,3
1,2,3
8,9 ,10
15 ,16 ,17
22,23
24
29,3 0
31
6,7
5,6,7
12 ,13,14
19,20,21
21
26,27 ,28
Location Type of Event County Holidays/ Notes
San Jose Permanent
No Event No Event FOURTH OF JULY
San Jose Permanent
San Jose Permanen t
Sunnyvale Temporary
San Jose Permanent
San Jose Permanent
San Martin Permanent
San Jose Permanent
San J ose Permanent
San Jose Permanent
San J o se Pe rm anent
San Jose Permanent
No Event No Event LABOR DAY WEEKEND
San Jose Permanent
San J ose Pe r manent
San Jose Permanent
S-anta Clara Temporary
San J ose Permanent
San Martin Permanent
San J ose Permanent
San Jose Pe rm anent
San J ose Permanent
Sunnyvale Temporary
San Jose Permanent
San J ose Permanent
San Martin Permanent
San Jose Permanent
San J ose Permanent
No Event No Event VETERANS DAY
San Jose Permanent
No Event No Event THANKSGIVING
San Martin Permanent
San Jose Permanen t
San Jose Permanent
San Jose Permanent
San Jose Permanent
No Event No Event CHRISTMAS
San J ose Permanent
No Event No Event NEWYEAR
San Martin Permanent
San Jose Permanent
San Jose San Jose
San Jose San Jose
Sunnyvale Temporarv
San Jose Permanent
HHW SCHEDULE FOR FISCAL YEAR 2016/2017-continued
2017/Month Day Date Location Type of Event County Holidays/ Notes
February Fri,Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri,Sat 9 10, 11 San Jose Permanent
Thurs,Fri,Sat 16 ,17,18 San Jose Permanent
Thurs,Fri,Sat 23 ,24,25 San Jose Permanent
March Fri,Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Thurs,Fri,S at 16,17,18 San Jose Permanent
Thurs,Fri,Sat 23 ,24,25 San Jose Permanent
Thurs,Fri 30 ,31 San Jose Permanent
April Fri,Sat 31 ,1 San Martin Permanent
Friday 1 San Jose Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Saturday 15 Los Altos Temporary
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Saturday 15 Sunnvvale Temporarv
Thurs,Fri,Sat 20 ,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28 ,29 San Jose Permanent
Saturday 29 Santa Clara Temporary
Mav Fri,Sat 5,6 San Martin Permanent
Thurs,Fri ,Sat 4,5,6 San Jose Permanent
Thurs,Fri,Sat 11,12,13 San Jose Permanent
Thurs,Fri,Sat 18,19,20 San Jose Permanent
Thurs,Fri 25,26 San Jose Permanent
Saturday 27 No Event No Event MEMORIAL DAY WEEKEND
June Fri,Sat 2,3 San Martin Perm ane nt
Thurs,Fri,Sat 1,2,3 San Jose Permanent
Thurs,Fri,Sat 8,9,1 0 San Jose Permanent
Thurs,Fri,Sat . 15,16,17 San Jose Permanent
Thurs,Fri,Sat 22,23 ,24 San Jose Permanent
Saturday 24 Milpitas Temporary
Thurs,Fri 29,30 San Jose Permanent
*SUBJECT TO CHANGE 2/27/2016