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HomeMy WebLinkAboutResolution No. 14-012 - HHW Agreement with Dallas County - Exhibit AEXHIBIT A HHW lnterlocal Agreement for FY2015 Amendment No. 2 Page 1 of 3 STATE OF TEXAS § § COUNTY OF DALLAS § AMENDMENT NO. 2 TO THE HOUSEHOLD HAZARDOUS WASTE INTERLOCAL AGREEMENT (The "Agreement") BETWEEN DALLAS COUNTY AND CITY OF UNIVERSITY PARK (The "City") A MEMBER CITY OF THE DALLAS AREA HOUSEHOLD HAZARDOUS WASTE NETWORK WHEREAS, on July 7, 2014 the Dallas County Commissioners Court was briefed on a request from the cities of the Dallas Area Household Hazardous Waste Network to renew and rev ise the effective term and specify new fiscal year budgets for the Household Hazardous Waste Program lnterlocal Agreement ("Agreement") that permits four additional one-year renewals for a five-year total contract term and was authorized by Court Order 2012-1223; and WHEREAS, Amendment 1, which was authorized by Court Order 2013-1248 to renew and extended the FY2013 agreement through FY2014. will expire on September 30 , 2014; and WHEREAS, the proposed Amendment No. 2, along with the attachment, will serve to continue the Household Hazardous Waste Program through fiscal year 2015, while updating overall program budget amounts and individual city budget limits for the new fiscal year; and WHEREAS, proposed Amendment No . 2 contains no other changes in the basic terms and conditions of the Agreement and incurs no cost to Dallas County; NOW THEREFORE, by execution of this Amendment No. 2, the Agreement is amended hereby with respect to the items and features described in the Articles below. I. PURPOSE The purpose of this Amendment is to amend the effective term and fiscal year budget of the Agreement without change to the basic terms and provisions. No other sections, provisions , clauses or conditions of the Agreement are waived, deleted or changed hereby, and they shall remain in full force and effect throughout the term of the Agreement and any duly authorized amendments. II. AMENDED PROVISIONS A. The new term of the Agreement shall be October 1, 2014, through September 30, 2015. HHW lnterlocal Agreement for FY2015 Amendment No. 2 Page 2 of 3 EXHIBit A B. The language contained in Paragraph 1, Section IV. City Responsibilities shall be deleted in its entirety and replaced with the following languag_.e: 1. "A sum not to exceed $ for disposal, setup, operational, capital and transportation costs for HHW collection for residents of the City during the period from October 1, 2014 through September 30, 2015. a. Collection , setup, and disposal costs will be paid after-the-fact, based on actual usage by the City at events and at the collection center. b. Operational and capital costs shall be paid quarterly in advance. c. In the event of early withdrawal, the operational and capital costs will not be pro-rated for partial quarter participation but will become immediately due and payable in full." C. The language contained in Exhibit C2014 of the Agreement entitled FY2014 HHW Program Budget Summary shall be deleted in its entirety and shall be replaced with the attached Exhibit C2015 entitled FY2015 HHW Program Budget Summary. IN WITNESS WHEREOF, by their signatures below, the duly authorized representatives of Dallas County and City of University Park, a member city of the Dallas Area Household Hazardous Waste Network, do hereby agree and append this Amendment No . 2 to the Agreement. EXECUTED THIS the 21 51 day of October, 20 14. DALLAS COUNTY: BY: Clay Lewis Jenkins County Judge APPROVED AS TO FORM: Craig Watkins District Attorney Theresa Guerra Snelson Chief, Civil Division BY: Frank Waite Assistant District Attorney City Manager * By law, the Dall as County District Attorney's Office may onl y advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of thi s document was cond ucted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s) HHW Inter local Agreement for FY20 15 Amendment No. 2 Page 3 of 3