Loading...
8 Eighth AmendmentRESOLUTION NO. 16-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF EIGHTH 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 Eighth Amendment to the Agreement between Santa Clara County and the City of Cupertino for the abatement of weeds; and WHEREAS, the terms, conditions and provisions of the agreement have been reviewed and approved by the City Manager 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 City Manager to execute said agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of October, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Chang, Vaidhyanathan, Paut Sinks, Wong None None None APPROVED: ~5Lw<r Grace Schmidt City Clerk EIGHTH AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA 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, 1976, as amended on May 4, 1981, February 15, 1983, January 14, 1996, August 18, 1998, September 7, 1999, January 12, 2001, and March 2, 2010 is hereby amended to modify 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: A. In December of each calendar year·, COUNTY shall deliver to CITY a list of all reasonable and necessary fees and costs approved and adopted by County Board of Supervisors for all administrative, enforcement, and abatement services to be provided under this AGREEMENT. All fees and costs in said list shall be recovered by COUNTY pursuant to Section 7 of this AGREEMENT unless at a public hearing held within sixty (60) days of COUNTY's delivery of said itemized statement to the CITY's governing body expressly declines to accept any fee or cost in said list. In the event CITY's governing body declines to accept any fee or cost in said list, COUNTY shall be relieved of any and all obligations to provide any services under this AGREEMENT for the weed abatement season for which said itemized statement is submitted to CITY. If the amount recovered by COUNTY is inadequate to cover its operational costs, CITY agrees to pay COUNTY for any sh01ifall for weed abatement in its jurisdiction within sixty (60) days of demand by COUNTY, which will be accompanied by a statement of COUNTY's weed-abatement costs. Thereafter, on or before the 10 111 day of August of each year, COUNTY shall render to CITY an itemized statement or report of the reasonable and necessary fees and cost of the administrative, enforcement, and abatement services performed for the respective parcels of land in the CITY. The itemized statement or report shall include a description of the lots and parcels of land for which services were perfonned, and verification by signature of the COUNTY official administering the Hazardous Vegetation Management Program. II I Ill II I I II 2. Except as modified herein, all other terms and conditions of the AGREEMENT remain the same. COUNTY OF SANTA CLARA Amy Brown, Director Consumer and Environmental Protection Agency Date Approved as to form and legality: Michael L. Rossi Lead Deputy County Counsel Sylvia Gallegos Deputy County Executive CITY OF CUPERTINO David Brant, City Manager Date Approved as to form: Randolph Hom City Attorney Attest: Grace Schmidt, City Clerk