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CC Resolution No. 99-265RESOLUTION NO. 99-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF FIFTH AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA COUNTY AND THE CITY OF CUPERTINO FOR ABATEMENT OF WEEDS WHEREAS, there has been presented to the City Council a proposed Fifth Amendment to the Agreement between Santa Clara County and the City of Cupertino for abatement of weeds, attached hereto as Attachment A; and WHEREAS, the terms, conditions and provisions of the agreement have been reviewed and approved by the Director of Administrative Services and the City Attorney. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned agreement and authorizes the Mayor to execute said amendment on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7~ day of September, 1999 by the following vote: Vote Members of the City Council AYES: Bumett, Chang, Dean, Statton NOES: None ABSENT: James ABSTAIN: None APPROVED: Mayor, ~ity of]2upertino Attachment A Proposed Amendment FIFTH AMENDMENT TO THE AGREEMENT BETWEEN SANTA CLARA COUNTY AND THE CITY OF CUPERTINO FOR ABATEMENT OF WEEDS The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara (County) and the City of Cupertino (City) previously entered into on March 1, 1978, as amended on May 4, 1981, February 15, 1983, January 14, 1996 and August 18, 1998 is hereby amended to increase the charge for the County's program costs to administer the Hazardous Vegetation Management Program. IT IS AGREED between the parties as follows: 1. Statement of Costs Section 6. of the Agreement shall be amended to read as follows: County shall render to City an itemized statement or report of the cost of the weed abatement services performed for the respective parcels of land in the City on or before the 10th day of August of each year, which shall include the ountys adm n strat~ve costs of 140Yo of the cost of the weed abatement contractor for the respective parcels for which services were performed. The statement shall include the description of the Iots and parcels of land for which services were performed, and verification by signature of the County official administering the Hazardous Vegetation Management Program. 2. Duration of Agreement Section 13. of the Agreement shall be amended to read as follows: The Agreement became effective on the date of execution and shall run until the governing body of the City or the County shall exercise the right to terminate this Agreement as of the 1st day of September of any year, by giving notice to the other party not less than 10 days prior to the date of termination. The increased charge for the County's administration costs shall be effective commencing with the Fiscal Year 2000 weed abatement season. Except as modified herein, all other terms and conditions of the Agreement remain the same. SANTA CLARA COUNTY Paul D. Romero, Director Environmental Resources Agency August17,1999 CI"FY OF CUPERTINO Wally Dean, Date Approved as to form and legality: James E. Lewis, Deputy County Counsel