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FD Household Hazardous Waste JPAVAR) "42131 VWRM THIS AGREEMENT is entered into as of July 1, 1996, by and between the CITY of San Rafael ("CITY"), and the Marin County Hazardous and Solid Waste Joint Powers Authority ("JPA"). WHEREAS, the CITY has received a permit variance from the California Department of Toxic Substances Control, permitting the establishment of a permanent collection facility for household hazardous waste (11HHW11) and conditionally exempt small quantity generator waste (110ESQGW11) (collectively "Approved Hazardous Waste"); WHEREAS, the CITY has entered into a Hazardous Waste Collection Agreement ("Hazardous Waste Collection Agreement"), dated September 14, 1995, with Marin Recycling Resource Recovery Association ("Company") , pursuant to which Company will operate the permanent collection facility for Approved Hazardous Waste at 565 Jacoby Street in the CITY of San Rafael ("Project site"); WHEREAS, the JPA desires the CITY to accept, and CITY is willing to accept, the disposal at the Project Site of Approved Hazardous Waste generated within the boundaries of the member jurisdictions of the JPA specified in Exhibit "A", subject to an agreement with respect to the JPA's assumption of liabilities, closure costs, and operational costs; WHEREAS, the City Council of the CITY and the governing board of the JPA, have given prior approval to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: 1. Definitions. To the extent that any terms used herein are contained in the definitions set forth in the aforementioned Hazardous Waste Collection Agreement, such definitions are incorporated herein by reference. 2. Acceptance and Management of Approved Hazardous Waste. During the term of this Agreement, CITY and Company agree to accept at the Project Site, during the hours of operation set from time to time by the CITY, Approved Hazardous Waste from persons who reside in households located within the member jurisdictions of the JPA specified in Exhibit "A", or who operate small businesses which generate conditionally exempt small quantity generator waste and which are located within the member jurisdictions of the JPA specified in Exhibit "A". R 0 Wn J .0 - H, I till 3. Payment of Household Hazardous Waste Operational, Administrative and Closure Costs. JPA will impose and collect, as tipping fees pursuant to Public Resources Code Section 47109, the sum specified in Exhibit "B" to cover the CITY's budgeted cost for the permanent collection facility, including the operational costs for the collection, storage, treatment, recycling, transportation and disposal of household hazardous waste, CITY administrative costs, and related facility closure costs. This sum, as may hereafter be revised by express written agreement of CITY and JPA, shall be remitted to CITY in quarterly installments, within 45 days of receipt of CITY's statement to JPA. In the event that the tipping fees are not available to pay this specified sum, the JPA shall be required to assess the member jurisdictions of the JPA specified in Exhibit "All to cover this obligation to CITY. 4. Indemnification for Liabilities. JPA will indemnify and defend CITY for any liabilities incurred by the CITY in connection with the collection, storage, treatment, recycling, transportation, or disposal of Approved Hazardous Waste under the CITY's Variance permit, including but not limited to any demands, claims, actions, or judgments for any bodily injury and property damage to third parties caused by sudden accidental occurrences at the Project Site, for any clean-up, remediation, and removal costs, for any response costs, and for any damages to natural resources, together with any related fines, penalties, court costs or attorney's fees. Defense shall be provided by counsel selected by the consent of both the CITY and the JPA. CITY will use reasonable efforts to obtain recovery for such liabilities from all available resources, including insurance, of the Company, or any other liable party, including any liable hauler, liable disposal facility, or liable conditionally exempt small quantity generators. 5. Insurance. JPA will add the CITY, its officers, employees, and agents, as an additional insured, on any of its liability insurance policies, or on any public liability insurance pools in which JPA participates, in an amount not less than $1,000,000, for the liabilities for which indemnification is provided in paragraph 4 above. Policy endorsements and certificates of insurance, evidencing such coverage shall be provided to CITY, and they shall include a provision that such coverage shall not be altered or terminated without thirty (30) days advance written notice to CITY. Pq Prior to the effective date of this Agreement, CITY shall arrange for Company to provide the JPA with a Certificate of Insurance naming the JPA and the JPA's member jurisdictions, and their officers, agents, and employees, as additional insureds to the same extent of insurance coverage as is provided to CITY, its officers, agents, and employees, pursuant to Paragraph 8 of the Hazardous Waste Collection Agreement. 6. Conditionally Exempt and Small Quantity Generator Waste. Conditionally exempt small quantity generator waste will be collected at the Project Site from small businesses located within the boundaries of the member jurisdictions of the JPA specified in Exhibit "A", subject to payment by the small businesses to Company, of regulatory fees or service charges, set by the CITY from time to time, sufficient to pay the permanent facility operational costs for collection, storage, treatment, recycling, transportation and disposal of such waste, and related facility closure costs. As a condition of collecting such waste, CITY will require such conditionally exempt small quantity generators to indemnify CITY for their apportioned share of any liability incurred and attributed to the collection, storage, treatment, recycling, transportation or disposal of their waste by the CITY. Provided, however, that the JPA shall continue to have the indemnification obligation specified in Paragraph 4 with respect to such waste. 7. Term of Agreement and Termination. (A) The term of this Agreement shall commence upon the execution of an agreement which will provide for an apportionment of liability between the Cities and the County for the indemnification to be provided under Paragraph 4, and shall end coterminous with the expiration date of the CITY's Permit Variance, together with any and all extensions thereof, unless terminated earlier as provided in Subparagraph (B) hereafter. (B) This Agreement may be terminated by CITY or JPA for cause upon giving ninety (90) days written notice to the other party. This Agreement may be terminated without cause, effective at the end of any fiscal year ending June 30th, upon giving written notice to the other party on or before the preceding March ist. (C) Notwithstanding expiration of the term of this Agreement, or termination of the Agreement, the JPA's indemnification obligations set forth in Paragraph 4 shall survive and be enforceable by CITY as provided therein. (D) Termination of this Agreement shall not abrogate the CITY, JPA or departing members from their legal and financial obligation for closure of the facility. Any facility expenses required to be incurred after the termination date shall be K submitted in writing to the JPA prior to incurring said expenses. 8. Notices. Any notice or request required or permitted to be given under this Agreement shall be given in writing and shall be deemed to have been given when remitted in any of the following methods: (A) deposited in the United States mail, first class, postage prepaid, duly addressed, registered or certified, return receipt requested, at the following addresses or at such other address as is directed by either party by written notice given to the other as provided in this Paragraph; (B) personal delivery; (C) facsimile transmission, upon written or facsimile confirmation of receipt by the receiving party: CITY OF SAA ffl,FAEL JPA 1400 Fifth Avenue San Rafael, CA 94901 Attn: City Manager Fax: (415) 459-2242 with a copy to: City Attorney at the address above set forth. 9. Entire Agreement -- Amendments. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CITY and the JPA. C. No other Agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CITY and JPA. 0 E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 10. Waivers. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 11. Costs and Attorney's Fees. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California-. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. CITY OF SAN RAFAEL JPA By:(;&o- A., ROD GOULD, City Manager its...� JEANNE M. LEONCINI',' City Clerk (Revised 11-7-96) Particigging jUjjg4jcl�ans: County�ofMarin City of Belvedere ToNm of Corte Ma{ - a a mown OfFairfax City OfLarkvur City of MR YaRey Town ofRoss Town of San Anselmo City of San Rdael city of sauuJito, Town of Tiburon JPA Program Costs JPA Core Program & Household Hazardous -Waste Programs 1 1482761 51.50 $0.77 Franchised Haulers Tons I# of 7:Fo�2n�Cc re Program I BOP HHW ITota �$56,84_9 Bay Cities Fairfax Marin Sanitary Mill Valley Refuse Novato Disposal San Anselmo Shoreline Tam CSD Total Franchised Haulers 3431 4158 53007 28074 33272 7271 6742 2321 $20,147 $6, $79,511 $42,111 $49,908 $10,907 $10,113 $3,482 $ �o,,, 403 3 220 $41,055 $21,744 $25,770 $5,632 $5,222 $1,798 S26," 300 $8,142 $103,795 $54,973 $65,151 $14,238 $13,202 $4,545 $17,599 $224,361 $118,828 $140,829 $30,776 $28,537 $9,824 �acilites 1482761 $222,416 $114,843 $290,344 $627,603 Nest Marin 8edwood OSS Transfer Station ARRC 3396 22967 3722 247961 $5,094 $34,451 $5,583 $37,194 $2,630 $17,788 $2,383 $19,205 $6,650 $44,972 $7,288 $48,554 $14,374 $97,212 $15,754 $104,953 548811 $82,322 1 $4--2-,507 1 $107,4641 $232,293 $6,237 otal $8,921 $19,009 Marin Sanitary 53007 2031571 3304.738 $157,350 $49,096 Cost per ton 1 1482761 51.50 $0.77 $1.96 $575,666 West Marin Redwood MSS Transfer Station MRRC 3396 22967 3722 24796 $5,094 $34,451 $5,583 $37,194 $3,145 $21,272 $3,447 $22,966 $7,286 $49,2741 $7,985 $53,198 $15,525 $104,997 $17,016 $113.359 $117,743 $250,897 54881 $82,322 $50,832 JPA Core Program & Household Hazardous Waste ProSrams-excluding Novato HHW Franchised Haulers of Tons lCore Pro ram IBOP JHHW Total Bay Cities 13431 20,147 $12,440 $28,815 $61,402 Fairfax 4158 $6,237 $3,851 $8,921 $19,009 Marin Sanitary 53007 $79,511 $49,096 $113,722 $242,329 Mill Valley Refuse 28074 $:;,42,111 $26,003 $60,231 $128,3414 Novato Disposal 33272$49,908 $49,908 San Anselmo 7271 $10,907 $6,735 $15,599 $31240 Shoreline 6742 $10,113 $6,245 $14,464 $30,822 Tam CSD 2321 $3,482 $2,150 $4,980 $10,611 Total Franchised Haulers Facilites 1 1482761 $222,416 $106,518 - $246,732 $575,666 West Marin Redwood MSS Transfer Station MRRC 3396 22967 3722 24796 $5,094 $34,451 $5,583 $37,194 $3,145 $21,272 $3,447 $22,966 $7,286 $49,2741 $7,985 $53,198 $15,525 $104,997 $17,016 $113.359 $117,743 $250,897 54881 $82,322 $50,832 Total 2031571 of tons for calculation $304.7384-F-5 $157,350 20315-7 169885 $36�4,� $169,885 [cost per ton $1.50 50.93 52.15 Cost of Three Pro rams w/o Novato 54.57 per ton Per unit Calculation of HHW Pro rams County wide @ 97500 est units per year per month $5.69 $0.47 per unit per unit wide excluding Novato @ 20000 est units peryear $6.73 per unit (County per month $0.56 oer unit zfflffll�