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FD Hazardous Waste Program Funding Agreement Extension; First Amendment (unsigned)FIRST AMENDMENT TO AMENDED HAZARDOUS WASTE PROGRAM FUNDING AGREEMENT This FirstAmendment is entered into as of the /9 day of 2020, by and between the City of San Rafael, a Charter City ("City"), 6nd the Marin County Hazardous and Solid Waste Management Joint Powers Authority ("JPA"). WHEREAS, the City holds a permit from Marin County Certified Unified Program Agency (CUPA) permitting the continuance of the Marin County Permanent Household Hazardous Waste Facility ("HHWF") and Conditionally Exempt Small Quantity Generator ("CESQG") programs, originally undertaken by the City pursuant to a variance permit issued by the California Department of Toxic Substances Control on October 18, 1993; and WHEREAS, the City entered into the Amended Hazardous Waste Collection Program Agreement ("Collection Agreement") dated January 26, 2012, with Marin Recycling & Resource Recovery Association ("Company"), attached hereto as Exhibit C, pursuant to which Company is operating the permanent collection facility for Approved Hazardous Waste at 565 Jacoby Street in the City of San Rafael, originally undertaken pursuant to the Hazardous Waste Program Collection Agreement between the City and Company, dated September 14, 1995; and WHEREAS, the JPA and City entered into the Hazardous Waste Program Funding Agreement ("Agreement"), dated July 1, 1996, pursuant to which the City accepted for disposal at the HHWF of Approved Hazardous Waste generated within the boundaries of the member jurisdictions of the JPA identified in Exhibit B to the Agreement in accordance with the City's Collection Agreement with the Company, and performed other HHW programs within the unincorporated areas of Marin County; and WHEREAS, the JPA and City entered into an "Amended Hazardous Waste Program Funding Agreement" dated January 26, 2012 (the "Amended Agreement") which made certain amendments to the Agreement to clarify funding, documentation and new programs and extended the term of the Agreement; and WHEREAS, the Amended Agreement is set to terminate on June 30, 2020, and the parties desire to extend the term of the Amended Agreement as set forth in this First Amendment to the Amended Agreement; and WHEREAS, the City Council of the City and the governing board of the JPA, have given prior approval to enter into this Amended Agreement; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: Section 8, Subsection A of the Amended Agreement (Term of Agreement and Termination) is hereby amended in its entirety to read as follows: 8. Term of Agreement and Termination A. The term of this Agreement shall commence upon March 1, 2012, and shall expire on June 30, 2021, unless terminated earlier as provided in Subparagraph B. hereafter. Upon expiration of the original term or any renewal term, this Agreement shall automatically be renewed for a one (1) year period unless, at least one hundred and eighty (180) days prior to the renewal date, either party provides to the other written notice of its desire not to automatically renew this Agreement. 2. The Amended Hazardous Waste Collection Program Agreement ("Collection Agreement") dated January 26, 2012, with Marin Recycling & Resource Recovery Association ("Company") attached hereto as Exhibit C is hereby added to the Agreement as Exhibit C. 3. Except as otherwise provided herein, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date set forth above. CITY OF SAN RAFAEL N, ��� Ji Sch Cit a Ager ATTEST: Ar G L. Lindsay Lara City Clerk APPROVED AS TO FORM: City Attorney MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY Garrett Toy Board Chair APPROVED AS TO FORM: Jenna Brady Counsel for Marin County Hazardous and Solid Waste Management JPA CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Project Manager: David Catalinotto Extension: x3309 Contractor Name: Marin County Solid & Hazardous Waste JPA Contractor's Contact: Steve Devine Contact's Email: SDevine@marincounty.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor N/A ❑ 3/20/2020 b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑ 2 City Attorney a. Review, revise, and comment on draft agreement 3/27/2020 ® LG and return to Project Manager 3/27/2020 © LG (N/A) b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑ 3 Department Director Approval of final agreement form to send to 3/27/2020 contractor 4 Project Manager Forward three (3) originals of final agreement to N/A — city ❑ contractor for their signature signs first 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 4/6/2020 Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY PRINT 6 Project Manager Forward signed original agreements to City 5/7/2020 Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed 5-1q 1 agreement L 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official`�(J %�/7 10 City Clerk Attest signatures, retains original agreement and ��� tQ� forwards copies to Project Manager ,- LL