HomeMy WebLinkAboutCC Resolution 9764 (Household Hazardous Waste JPA)RESOLUTION NO. 9764
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT TO
PRORATE INDEMNIFICATION COSTS ASSOCIATED WITH
HOUSEHOLD HAZARDOUS WASTE CONTRACT WITH THE MARIN COUNTY
SOLID AND HAZARDOUS WASTE JOINT POWERS AUTHORITY
WHEREAS, on November 25, 1996, the City of San Rafael entered
into an agreement with the Marin County Solid and Hazardous Waste
Joint Powers Authority providing for the disposal at the City's
approved facility of hazardous waste and conditionally exempt small
quantity generator waste which is generated within participating
members of the Joint Powers Authority; and
WHEREAS, Section 6.2 of the Joint Powers Agreement
(hereinafter referred to as JPA) allows that member agencies made
by formal action of their governing board choose whether or not
they wish to participate in and fund programs to be developed by
the Joint Powers Authority; and
WHEREAS, the existing indemnification clause in the general
Joint Powers Agreement, which was revised and adopted on July 1,
1996, did not contemplate the sharing of liability for household
hazardous waste program; and
WHEREAS, the absence of a provision in the JPA to the
contrary, the debts, liabilities and obligations of the joint
agency are those of all parties to the Agreement; and
WHEREAS, the Executive Committee of the Joint Powers Authority
has recommended a modification to the Agreement with the City of
San Rafael which would prorate indemnification based on tonnage of
waste generated by all jurisdictions participating in the household
hazardous waste program.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of San Rafael authorizes the City Manager to execute the
Agreement to Prorate Indemnification Costs Associated with the
Household Hazardous Waste Contract with the City of San Rafael in
the form attached hereto.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly
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introduced and adopted at a regular meeting of the City Council of
said City held on Monday, the 6th. day of JANUARY , 1997, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and
Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE I�LEONCAINI,�ty k
AGREEMENT TO PRORATE INDEMNIFICATION COSTS
ASSOCIATED WITH THE HOUSEHOLD HAZARDOUS
WASTE CONTRACT WITH THE CITY OF SAN RAFAEL
WHEREAS, the County and Cities of Marin entered into a Revised Joint
Hazardous and Solid Waste Management Agreement on July 1, 1996 in order to coordinate their
power and authority to implement integrated waste management programs which meet the long
term waste management need and requirement of AB939; and
WHEREAS, the operation of a household hazardous waste collection program is
also mandated by state law; and
WHEREAS, Section 6.2 of the- Joint Powers Agreement (hereinafter "JPA")
allows that member agencies, may by formal action of their governing board choose whether or
not they wish to participate in and fund programs to be developed by the Joint Powers Authority;
and
WHEREAS, the Authority has a contract with the City of San Rafael for a
Household Hazardous Waste Program which requires that the participating cities and county
indemnify the City of San Rafael.
The County and participating Cities agree to contribute to any indemnification
required under the JPA -City of San Rafael contract based on the following formula:
1. Each participating member city and county shall pay a pro -rata share. That
prorata share shall be based on the number of tons of material collected and disposed in the
approved landfills.
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2. The total tonnage shall be calculated in August of each year and shall
reflect the total tonnage of all the Household Hazardous Waste Program participating
jurisdictions. Therefore, for example, if a city contributes 20% of the total of tons of material
collected and disposed, then that city shall contribute 20 % of the indemnification contribution.
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DATED: January 6 1997
ATTEST: gta.w... A. City Clerk
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wastelindem
COUNTY OF MARIN
CITY OF SAUSALITO
CITY OF BELVEDERE
TOWN OF TIBURON
CITY OF SAN RAFAEL-Rod Gould, City Mgr
TOWN OF SAN ANSEL 40
TOWN OF ROSS
TOWN OF CORTE MADERA
TOWN OF FAIRFAX
CITY OF LARKSPUR
CITY OF MILL VALLEY