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HomeMy WebLinkAboutAgreement - County of Santa Clara - 2nd Amendment; Countywide Household Hazardous Waste Collection - Signed 2026-06-25Second Amendment to Agreement for Countywide Page 1 of 5 Household Hazardous Waste Collection Program SECOND 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 City of Gilroy (CITY) and the County of Santa Clara (COUNTY) previously entered into on June 28, 2024, and as subsequently amended, is hereby further amended as set forth below. The COUNTY and the CITY agree that: 1. Section 3. FIXED PROGRAM COST is amended in full to read: 3. FIXED PROGRAM COST Estimated HHW Fixed Program Costs are projected in Attachment B-1, attached hereto and incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal year based on CITY’s proportional share of the County population and will not exceed $5.07 per household for Fiscal Years 2025 and 2026. Fixed Program Cost will not exceed $5.19 per household for Fiscal Year 2027. Fixed Program Costs may include, but are not limited to, up to eleven (11) County HHW Program staff members, facility lease costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes. 2. Section 6. VARIABLE COST PER CAR is amended in full to read: 6. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $66.02 per participating resident car for Fiscal Years 2025 and 2026. The Variable Cost Per Car is estimated to be approximately $86.73 per participating resident car for Fiscal Year 2027. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San José Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in the CITY, the CoHHW Program may use the remaining balance of funds, in cooperation with the CITY, to increase public outreach and/or provide additional services in that jurisdiction the following year. Docusign Envelope ID: 5EF551C8-5A58-8003-80E9-F20C11BE3E27Docusign Envelope ID: 2478026C-1EB4-8D96-8251-D3CDA150A026 Second Amendment to Agreement for Countywide Page 2 of 5 Household Hazardous Waste Collection Program 3.Section 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full to read: 16.ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. CITY agrees to augment up to an additional $27,110 to the Countywide HHW Program during Fiscal Year 2025 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based 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 offset the above agreed additional augmentation amount. CITY agrees to augment up to an additional $69,065 to the Countywide HHW Program during Fiscal Year 2026 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C- 1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based 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 offset the above agreed additional augmentation amount. CITY agrees to augment up to an additional $ 53,222.00 to the Countywide HHW Program during Fiscal Year 2027 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-2, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based 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 offset the above agreed additional augmentation amount. Docusign Envelope ID: 5EF551C8-5A58-8003-80E9-F20C11BE3E27Docusign Envelope ID: 2478026C-1EB4-8D96-8251-D3CDA150A026 Second Amendment to Agreement for Countywide Page 3 of 5 Household Hazardous Waste Collection Program CITY agrees to make an interim payment to COUNTY amounting to 50 percent of the augmentation amount stated above for each fiscal year. This interim payment shall be made no later than September 30th of each fiscal year. The remaining balance of any outstanding cost shall be reconciled and paid or refunded in accordance with the terms outlined in the annual cost statement. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. 4.Attachment C-2 “HHW Schedule Of Collection Events for Fiscal Year 2026/2027” attached hereto and incorporated herein by this reference is hereby added to the AGREEMENT. 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 Second Amendment to the AGREEMENT on the last date shown below: COUNTY OF SANTA CLARA CITY OF GILROY Signature: Signature: James R. Williams County Executive Date: Name: Matt Morley Title: City Administrator Date: APPROVED AS TO FORM AND LEGALITY Willie Nguyen Deputy County Counsel Date: Docusign Envelope ID: 5EF551C8-5A58-8003-80E9-F20C11BE3E27Docusign Envelope ID: 2478026C-1EB4-8D96-8251-D3CDA150A026 6/5/2026 6/25/2026 Second Amendment to Agreement for Countywide Page 4 of 5 Household Hazardous Waste Collection Program ATTACHMENT B-1: ESTIMATED HHW PROGRAM FIXED COSTS FOR FISCAL YEAR 2026/2027 Staff Salary and Benefits 1,926,605$ County Admin Overhead $780,328 County Counsel $17,745 Phones and Communications $13,787 Facilities Lease Costs San Jose $215,880 Vehicle Costs $104,363 Office Supplies and postage $4,430 Maintenance, Software $150,150 HHW Hotline $150,000 Garbage & Utilities $47,434 Membership & Dues $20,475 Training & Conference $6,825 Safety Wear $28,392 Printing $11,632 Other Services & Supplies $53,127 ESTIMATED ANNUAL TOTAL 3,531,171.72$ FIXED COST Docusign Envelope ID: 5EF551C8-5A58-8003-80E9-F20C11BE3E27Docusign Envelope ID: 2478026C-1EB4-8D96-8251-D3CDA150A026 Second Amendment to Agreement for Countywide Page 5 of 5 Household Hazardous Waste Collection Program ATTACHMENT C-2: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2026/2027* S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 28 29 30 31 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 1 2 3 4 5 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 30 31 *Schedule subject to change* KEY: Las Plumas Permanent San Martin VSQG LP & SM Permanent LP & SM & eWaste Limited(s) Temporary Event LP & eWaste Limited Las Plumas VSQG Holiday April '27 May '27 June '27 July '26 August '26 September '26 October '26 November '26 December '26 HHW Schedule of Collection Events for Fiscal Year 2026/2027 January '27 February '27 March '27 2026-2027 Docusign Envelope ID: 2478026C-1EB4-8D96-8251-D3CDA150A026