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HomeMy WebLinkAboutCC Resolution 13283 (Hazardous Waste Collection Program)RESOLUTION NO. 13283 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDED HAZARDOUS WASTE PROGRAM FUNDING AGREEMENT WITH THE MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY WHEREAS, the City Council adopted Resolution No. 9741 on November 18, 1996, authorizing the City Manager to execute a Household Hazardous Waste Agreement with the Marin County Hazardous and Solid Waste Joint Powers Authority (JPA), providing for the disposal at the City's approved facility of household hazardous waste and conditionally exempt small quantity generator waste; and WHEREAS, Section 4 of the agreement obligates the JPA to impose and collect fees to cover the City of San Rafael's budgeted cost, as specified in Exhibit "A" of the Agreement, for the acceptance and management of hazardous wastes; and WHEREAS, the City of San Rafael and Marin County Hazardous and Solid Waste Joint Powers Authority have agreed upon the amendments to clearly specify funding, documentation, and new programs. NOW THERFORE, BE IT RESOLVED that the San Rafael City Council authorizes and empowers the City Manager of the City of San Rafael to execute in the name of the City of San Rafael the Amended Hazardous Waste Program Funding Agreement in a form approved by the City Attorney. BE IT FURTHER RESOLVED that the City Council of the City of San Rafael finds that the actions taken by the Resolution are not subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b) (3) of the CEQA Guidelines because there is no possibility that they will have a significant effect on the environment as provided by CEQA. The City Clerk is hereby directed to file the necessary Notice of Exemption as provided under CEQA. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday, the 17th day of January, 2012 by the following vote, to wit: AYES: COUNCILNIEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COL'NCILMEMBERS: None ABSENT: COUNCILMENIBERS: None , ESTHER C. BEIRNE, City Clerk AMENDED HAZARDOUS WASTE PROGRAM FUNDING AGREEMENT This Agreement is entered into as of the e�day of January, 2012, by and between the City of San Rafael, a Charter City (`City"), and the Marin County Hazardous and Solid Waste Management Joint Powers Authority (``JPA"). WHEREAS, the City and JPA desire to enter into this new Agreement, which shall supersede the Agreement between the City and the JPA, dated July 1, 1996, as thereafter amended, subject to the survival of the indemnification provision in such superseded Agreement, a copy of which is attached hereto as EXHIBIT "A"; and WHEREAS, the City has received 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 has entered into a Hazardous Waste Collection Program Agreement (`Collection Agreement") dated January 26, 2012, with Marin Recycling & Resource Recovery Association (`Company"), pursuant to which Company will continue to operate 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 desires and the City is willing to continue, subject to the terms of this Agreement, the acceptance for disposal at the HHWF of Approved Hazardous Waste generated within the boundaries of the member jurisdictions of the JPA identified in EXHIBIT "B" _in accordance with the City's Collection Agreement with the Company, and the performance of other HHW programs within the unincorporated areas of Marin County, which obligations were originally undertaken pursuant to the Agreement between the City and the JPA, dated July 1. 1996 ; and WHEREAS. the Cite 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 '{ureement, the parties agree as follo\\s: ORIGINA1, 1. Definitions. A. "Approved Hazardous Waste- means hazardous waste received from households and conditionally exempt small quantity generators (CESQG) that Company is authorized to receive at the Hl- IWF, including but not limited to: • Used oil • Used oil filters • Household batteries • Small quantities of mercury • Latex paints • Pesticides and herbicides • Kerosene • Acids • Caustics • Old gasoline • Other household flammable liquids • Ethylene Glycol • Lead acid batteries • Household cleaners • Fertilizers • Oil Based Paints • Paint strippers • Lamp oil • Bases • Universal Waste B. -CESQG'" is a Conditionally Exempt Small Quantity Generator business that generates no more than 100 kilograms of hazardous waste in a calendar month as defined in H&S Code section 25218.1. C. "Company" means Marin Recycling & Resource Recovery Association. D. -HHW- means the Household Hazardous Waste Program. E. -HH)A-F- means the portion of property at 565 Jacoby Street ]eased by Company from Marin Sanitary Service that has been set aside and designated for the Conipany"s receipt of .,kppi-o\ ed Hazardous )A7 astes. F. "Cite'" means the City of Sail Rafael. G. means the '\,Iarin County Hazardous acid Solid Waste Management Joint Powers :authority. 2. Acceptance and Management of Approved Hazardous Waste at HHWF. During the term of this Agreement, City shall require that Company accept and manage at the HHWF during its hours of operation, Approved Hazardous Waste from persons who reside in households located within the member jurisdictions of the JPA specified in EXHIBIT "B", or who operate CESQG businesses which are located within the member jurisdictions of the JPA as identified in EXHIBIT "B". The JPA may amend EXHIBIT "B" from time -to -time to add and/or withdraw participating member jurisdictions, effective at the beginning of a fiscal year commencing July I", upon giving notice to City on or before the preceding January 1Stn, provided that any such amendment shall not affect the JPA's indemnification obligations in Paragraph 5. 3. Other HHW Proframs. A. City may conduct West Marin Toxic Away Days each year in Bolinas, Pt. Reyes, Woodacre and other Jurisdictions or areas as mutually agreed upon with the JPA. City shall conduct the events by appointment only for a maximum of 40 cars at each location. City shall include the costs for these one day events on the City's monthly HHW program invoice to the JPA. B. City may cooperate with community non-profit groups operating household compact florescent lamp and battery collection programs and facilitate their dropping these items off at the HHWF free of charge. C. City may provide environmental management public education and consultations to the public, other public agencies, schools and private parties seeking to obtain information about hazardous material regulations and hazardous materials best management practices. D. City may have Company implement a Door to Door Household Universal Waste Pick-up Program in accordance with the Amended Hazardous Waste Collection Program Agreement. 4. Pavmcnt of HHW Program Operational, Administrative and Closure Costs. A. The City recognizes that funding for the HHW program is derived from tipping fees set and collected by the JPA via its annual budget setting process. To that end, the City shall submit an annual proposed HHW Program Budget to the JPA each year detailing the proposed operational costs, closure costs, building replacement costs, and equipment upgrade and/or replacement costs. The City's submittal of a proposed budget shall provide the forum to evaluate and modify as necessary the proposed program offerings so that they can be acconimodated by the budget and associated tipping fees set by the JPA Board. The JPA Board shall have the final say on each year's approved operating budget. -3- B. JPA shall impose and collect, as tipping fees pursuant to Public Resources Code Section 47109, an amount sufficient to reimburse City for the costs of the HHW program, which may include operational cost, closure costs, building replacement costs, and equipment replacement costs, and the cost for transportation and disposal of Approved Hazardous Waste at approved disposal sites, and to cover payment of the City's administrative costs for overseeing and monitoring the Company's operation of the HHW and CESQG programs, and for undertaking the other HHW programs specified in Paragraph 3 above. C. In the event that the tipping fees are not available to pay this amount, the JPA shall be required to assess the member jurisdictions of the JPA identified in EXHIBIT "B" to cover this obligation to City. D. City shall submit monthly invoices to the JPA for the City's costs within one month following the end of each month, detailing the costs specified in Section 4 A. The JPA shall pay such invoices within 30 days of their receipt, provided that the JPA shall be entitled to request any documentation from City reasonably necessary for the JPA to verify the amounts shown on the invoices and to withhold payment for a reasonable time period for receipt and evaluation of the information requested. E. City shall continue to maintain the following funds for use when needed. If these funds are utilized, the City shall invoice the JPA to maintain the funds at the levels indicated below: (1) Facility Closure Costs in the amount of $50,000. (2) Building Replacement in the amount of $40,000. (3) Equipment Replacement in the amount of $15,000. 5. Indemnifications for Liabilities. A. JPA shall indemnify and defend City for any liabilities incurred by the City in connection with, and not limited to, the collection, storage, treatment, recycling, transportation, or disposal of Approved Hazardous Waste, 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 associated with the HHW and CESQG programs, for any clean- up, remediation, and removal costs, for any response costs, and for any damages to natural resources, for any pollution claims, together with any related fines, penalties, court costs or attorney's fees. B. Defense of any claims related to the matters contained herein, as provided in Subparagraph A, shall be provided by counsel selected by the consent of both the City and the JPA. M C. City shall 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 CESQG. 6. Insurance. A. JPA shall add the City, its officers, employees, and agents, as an additional insured, on any of its liability insurance pools in which JPA participates, in an amount not less than the liability coverages agreed to by the Company in the Collection Agreement, for the liabilities for which indemnification is provided in Paragraph 5 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. B. 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 insured's to the same extent of insurance coverage as is provided to City, its officers, agents, and employees, pursuant to Paragraph 8 of the Collection Agreement. 7. CESOG Waste. CESQG waste shall be collected at the HHWF from businesses located within the boundaries of the member jurisdiction of the JPA specified in EXHIBIT "B", subject to payment by the businesses to Company, of regulatory fees and a service charge, set by the City Council from time -to -time, sufficient to pay the costs for collection, storage, recycling, transportation and disposal of such wastes, and related facility closure costs. 8. Term of Agreement and Termination. A. The term of this Agreement shall commence upon March 1, 2012, and shall expire on June 30, 2020, unless terminated earlier as provided in Subparagraph B. hereafter. B. This Agreement may be terminated by either City or JPA for cause upon giving thirty (30) days written notice to the other party. C. Notwithstanding expiration of the term of this Agreement, or termination of this Agreement, the JPA's indemnification obligations set forth in Paragraph 5 shall survive and be enforceable by City as provided therein. D. Termination or expiration of this Agreement shall not abrogate the legal and financial obligations of the City. JPA or departing JPA members for closure of the HHWF. E. Any HHWF expenses required to be incurred after the termination date shall be submitted in writing by City to the JPA prior to the City incurring said expenses. 9. Notices. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: City Manager City of San Rafael P.O. Box 151560 (1400 Fifth Avenue) San Rafael, CA 94915-1560 Executive Director Marin County Hazardous and Solid Waste Management JPA c/o County of Marin Public Works Department 3501 Civic Center Drive San Rafael, CA 94903 With a Conv To: City Attorney City of San Rafael P.O. Box 151560 (1400 Fifth Avenue) San Rafael, CA 94915-1560 415-485-3109 Office of the Marin County Counsel Attn: Nancy Grisham, Deputy 3501 Civic Center Drive, Ste 275 San Rafael, CA 94903 10. Entire Agreement — Amendments. A. The tenns 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 WTitten regarding the subject matter between City and the JPA. a MI 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 City and JPA. 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. 11. 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 or 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 fees, performance or other consideration 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. 12. Costs and Attornev's Fees. The prevailing party in any action brought to enforce the terms and conditions of the Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action as determined by the Court. Venue of any action shall be in the Superior Court of the County of Marin. 13. Governinu 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 NANCY MACKL` E, City Manager z_ MARIN COUNTY HAZARDOUS AND SOLID WASTE 'vIAN.AC,ENIENT JOINT POWERS AUTHORITY By. WICOR Title:" -7- :Com! CAS TFA :,N,41 ATTEST: ESTHER C. BEIRNE, City Clerk ROBERT F. EPSTEIN, City Attorney APPROVEI? AS TO FORM: COUNSEL for Marin County Hazardous and Solid Waste Management JPA EXHIBIT "A" Contents Resolution No. 9741: A RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A HOUSEHOLD HAZARDOUS WASTE AGREEMENT WITH THE MARIN COUNTY SOLID AND HAZARDOUS WASTE JOINT POWERS AUTHORITY and the original funding Agreement between the City and JPA. Resolution No. 9763: A RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE HOUSEHOLD HAZARDOUS WASTE AGREEMENT WITH THE MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AUTHORITY and the first amendment to the funding Agreement between the City and JPA. Resolution No. 11658: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE HOUSEHOLD HAZARDOUS WASTE AGREEMENT WITH THE MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AUTHORITY and the second amendment to the funding Agreement between the City and JPA EXHIBIT A RESOLUTION NO. 4741 A RESOLUTION OF THE CITY OF BAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A HOUSEHOLD HAZARDOUS WAS'E AGREEMENT WITH THE MARIN COUNTY SOLID AND I-.'VZARDOUS WASTE JOINT POWERS AUTHORI7C. WHEREAS, the City Council by Resolution N). 8623 on March 2, 1992, adopted a household hazardous waste (HHW element as part of the countywide integrated waste management plat, which household hazardous waste element contemplated establishient of a permanent Household Hazardous Waste Collection Facility )y the year 1995; and WHEREAS, the City sought and received in )ctober 1993, from the California Department of Toxic Substances 'ontrol, authorization to establish a Household Hazardcis waste Collection Facility and a Conditionally Exempt Small Quan:ity Generator Waste Collection Facility, located at 565 Jacoby Stx�et in San Rafael, to be operated by Marin Recycling and Resource Re:overy Association, a California corporation, under a contract with ;he City; and WHEREAS, the City Council on September 5, 1995, pursuant to Resolution No. 9448, approved and entered intc a Hazardous Waste Collection Program Agreement, dated September L4, 1995, with Marin Recycling and Resource Association, for the establishment and operation of a permanent Household Hazardous piste Collection site and a Conditionally Exempt Small Quantity GenE:ator Waste Collection site at 535 Jacoby Street in San Ra-ael; and WHEREAS, the City of San Rafael is willir.j and able to provide Household Hazardous Waste Collection and Conditionally Exempt Small Quantity Generator Collection services to the larin County Solid and Hazardous Waste Joint Powers Authority, hE:einafter referred to as JPA; and WHEREAS, the foregoing Hazardous Waste CcILlection Program Agreement provides JPA to reimburse the City cf San Rafael and Marin Recycling and Rescurce Association for 'Lie cost of the Household Hazardous riasieCollecticn Program t .d the Battc-ry, G and Paint Program; and NOW THEREFORE, BE IT RESOLVED that the Cj:y Ccunc--:'! of t`je City of San Rafael authorizes the City Manage~ .- to execute the 'areer ,ent with the Varin Solid and Hazy :1 --us '1,astc Joint Powers Authcrity attached here -to. Lk I KIN � C� U U I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 18th day of November, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNS-4. LEONCINI,"C!tY Clerk AGREEMENT E 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 Manaaement 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". 1 3. Pavment 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. K a 0 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. Conditionallv Exemnt and small Ouantitv 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 Aareement 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 1st. (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 SAN RAFAEL 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 Aareement -- 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. 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 Attornev'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. Governinq 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 ROD GOULD, City Manager ATTEST: JETANNE M. LEONCIR City Clerk (Revised 11-7-96) �j JPA County .pf Marin City of Belvedere Town of Corte Madera Town of Fair u City ofLarkspur City Of MU Walley Town of Russ Town of San Anselmo City of San Raffia City of - Toum of Tiburon N JPA Program Costs ' ^ Q - |JpA Care Program &Hovmehm|d Hazardous Waste Prqc-rams Franchised Haulers #o4Tons Core Program BOP HHVV Total Bay Cities 13431 $20.147 $10\403 $26300 $56.849 Fairfax 4158 $6.237 $3.220 $8.143 $17.599 Marin Sanitary 53007 $79.511 $41.065 $103.795 $224.361 Mill Valley Refuse 28074 *42.111 $21.744 $54.873 $118.828 Novato Disposal 33272 $49.908 $25.770 $65.151 $140^828 SanAnae|mu 7271 $10.$07 $5.632 $14.238 $30J76 Shoreline 6742 $1¢.113 %5.2P2 $13.202 $28.537 Tam CSD 2321 $3.482 $1.798 .$4.545 $9.824 Total Franchised Haulers 148276 $222.416 $114.843 $290.244 $627.603 Facilites West Marin 3396 $5.094 *2.630 *6.650 %14.374 Redwood 22967 $34.451 *17,788 $44,973 $87,212 MSS Transfer Station 3722 $5.688 $2.883 $7,288 S15.754 K4RRC 24796 $37.184 $19.205 *48.554 $104.853 54881 $82.322 $42.607 $107'464 $232.293 Total 2031571 3304.7381 $157.350 $397,808| $859.896 |Cost per ton / $1.5n1 Sn.771 $1.96! $4.23| JJPA Core Program & Household Hazardous Waste Proarams-excludinq Novato HHW / Franchised Haulers of Tons Core Program BOP HHVV Total Bay Cities 13431 $20.147 $12,440 $28815 $61.402 Fairfax 4158 $6.237 $3.851 %8.921 $18.009 Marin Sanitary 53007 $79.511 *49.096 $113.722 *242`329 Mill Valley Refuse 28074 $42.111 $26.003 $60.231 $128.344 Novato Disposal 33272 $49.908 Q49.908 SanAnsa|nno 7271 $10.807 $6^735 $15.599 $33.240 Shoreline 6742 $10,113 $6.245 $14'464 $30.822 Tam CSO 2321 $3^482 $2.150 S4.980 $10.611 Total Franchised Haulers ' 148276 $221.416 $106.518 $246,732 $575.666 Facilites West Marin 3396 $5.094 $3,145 $7,286 $15.525 Redwood 22967 $34,461 $21.272 $49.274 $104.997 MSS Transfer Station 3722 $5.583 $3.447 $7.385 $17`016 /WRRC 24796 $37.194 $22.966 $53.198 $113.359 - 54881 $82.322 $50.832 $117,743 $250.887 Total | 2081571 $304738 1 $157,3501 $3G4/475| / $826.563, ' #oftons for calculation 203157 169885 $168.885 /Cost per ton ` [ S1.58| $0.93( $2.15| | |Tota| Cost of Three Programs w/o Novato ' S4.57 per ton ! Per unit Calculation ofHHVV Programs County wide �g7SOOest units poryaar $5.O8per unit / � per month $0.47 per unit | Countywide exc|udingNovato iZ'y2OOOo est units poryoar 8673 per unit > pe,mcn,h $0.56 per unit ! RESOLUTION NO. 9763 A RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE HOUSEHOLD HAZARDOUS WASTE AGREEMENT WITH THE MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AUTHORITY WHEREAS, the City Council adopted Resolution No. 9741 on November 18, 1996, authorizing the City Manager to execute a Household Hazardous Waste Agreement with the Marin County Hazardous and Solid Waste Joint Powers Authority ("JPA"), providing for the disposal at the City's approved facility of household hazardous waste and conditionally exempt small quantity generator waste, which has been generated within participating members of the JPA designated in Exhibit "A" of the Agreement; WHEREAS, the foregoing Agreement did not explicitly provide a procedure for the addition and/or withdrawal of participating members of the JPA, and the parties desire to amend the Agreement to explicitly provide such a procedure; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael authorizes the City Manager to execute the Amendment to Household Hazardous Waste Agreement with the Marin County Joint Hazardous and Solid Waste Joint Powers Authority, in the form attached hereto. 1, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly 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: COUNCILMENMERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILiVIEMBERS: None ABSENT: COUNCILMEMBERS: Lone JEA . -E-M. LEONCLNTI, City CIerk AMENDMENT TO HOUSEHOLD HAZARDOUS WASTE AGREEMENT This Amendment to Household Hazardous Waste Agreement, is entered into as of November 25, 1996, by and between the City of San Rafael ("City") and the Marin County Hazardous and Solid Waste Joint Powers Authority ("JPA"). WHEREAS, City and JPA entered into a Household Hazardous Waste Agreement ("Agreement"), dated July 1, 1996, providing for the disposal of household hazardous waste and conditionally exempt hazardous waste ("Approved Hazardous Waste"), generated within the jurisdictions of the designated participating members of the JPA, at the City's approved facility within the City of San Rafael, in accordance with the terms of that Agreement; WHEREAS, the Agreement provided under Paragraph 2 and Exhibit "A" for the initial designation of the participating members of the JPA, but did not describe the procedure for the subsequent addition or withdrawal of participating members, and City and JPA now desire to amend the Agreement to expressly provide for such procedure. NOW THEREFORE, the parties agree that the Agreement shall be deemed amended by adding a second sentence to Paragraph 2, to read as follows: "The JPA may amend Exhibit "A" from time -to -time to add and/or withdraw participating member jurisdictions, effective at the beginning of a fiscal year commencing July I", upon giving written notice to CITY on or before the preceding January 15`'', provided that any such amendment shall not affect the JPA's indemnification obligations in Paragraph 4." IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. CITY OF SAN RAFAEL ROD GOULD City %lanager ATTEST: U'EA`1tiE M. LECNCINI MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AUTHORITY City Clerk COPY RESOLUTION NO. 11658 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE HOUSEHOLD HAZARDOUS WASTE AGREEMENT WITH THE MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AUTHORITY WHEREAS, the City Council adopted Resolution No. 9741 on November 18, 1996, authorizing the City Manager to execute a Household Hazardous Waste Agreement with the Marin County Hazardous and Solid Waste Joint Powers Authority ("JPA"), providing for the disposal at the CITY'S approved facility of household hazardous waste and conditionally exempt small quantity generator waste, which has been generated within participating members of the JPA designated in Exhibit "A" of the Agreement; and WHEREAS, Section 3 of the agreement obligates the JPA to impose and collect fees to cover the CITY'S budgeted cost, as specified in Exhibit "B": of the Agreement, for the acceptance and management of hazardous wastes; and WHEREAS, Section 3 further directs that the sum expressed in Exhibit "B" of the Agreement be revised by express written agreement of the CITY and JPA; and I WHEREAS, the parties desire to amend the agreement to expedite the process to which Exhibit "B": of the Agreement is revised. NOW THERFORE, BE IT RESOLVED that the City Council of the City of San Rafael authorizes the City Manager to execute the Amendment to Household Hazardous Waste Agreement with the Solid and Hazardous Waste Joint Powers Authority, a copy of which is hereby attached and by this reference made a part hereof, 1, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting ofthe City Council of said City held on Monday. the 1 St day of tbvember 2004 by the following vote, to wit: AYES: COUNCIL.A0EMBERS: Heller, Miller and Mayor Boro NOES: COUNCILME.NIBERS: ".Ione ABSENT: COUNCU—NIE3I13ERS: Cohen and Phillips JE,4X--A M. LEONCP,;4 City Clerk 0 3 1 RIGINAL SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF SAN RAFAEL AND THE MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AUTHORITY DATED JULY 1, 1996 THIS SECOND AMENDMENT to the Household Hazardous Waste Agreement is made and entered into this� day of t3ou,,,, lo,cr -- 2004, by and between the City of San Rafael (hereinafter referred to as "CITY") and Marin County Hazardous and Solid Waste Joint Powers Authority (hereinafter referred to as "JPA"), RECITALS WHEREAS, the CITY and the JPA entered into an agreement for the CITY to accept and manage approved hazardous wastes from persons who reside in households or who operate small businesses which generate conditionally exempt small quantity generator waste located within the member jurisdictions of the JPA specified in Exhibit "A" of the Agreement, dated July 1, 1996 ("Agreement"); and WHEREAS, the CITY and JPA amended the Agreement on January 6, 1997; and WHEREAS, Section 3 to the agreement obligates the JPA to impose and collect fees to cover the CITY's budgeted cost, the sum specified in Exhibit "B" of the Agreement, for the acceptance and management of hazardous wastes; and WHEREAS, Section 3 further stipulates the sum expressed in Exhibit "B" of the Agreement be revised by express written agreement of the CITY and JPA; and WHEREAS, the parties desire to amend the agreement to shorten the process to which Exhibit "B" of the Agreement is revised. NOW, THEREFORE, the parties agree to modify Section 3 as set forth below. AGREEMENT 1. Section 3 is hereby amended to read as follows: Pavment of Household Hazardous Waste Operation, Administrative and Closure Costs. JPA will impose and collect, as tipping fees pursuant to Public Resources Code 47109, the sum specified in Exhibit "B" to cover the CITY's budgeted cost for the permanent 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 proposed budget submitted annually by CITY and approved by JPA, will be remitted to City in monthly installments, within 45 days of receipt of CITY's statement to the JPA. In the event that the tipping fees are not Page I of 2 0114py U A available to pay this specified sum, the JPA shall be required to assess the member jurisdictions of the. JPA specified in Exhibit "A" to cover this obligation to CITY 2. 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 Second Amendment on the day first written above. "CITY'$ "JPA" City of San Rafael Marin County Hazardous and Solid Waste Joint Powers Authority By: ROD GOQLD, City Man ATTEST; JEA� t APPROVED: �.'J.1. LEONC, City Clerk J M 0-ounty Counsel F WastelYftosWPANSECOND ADDENDUM TO AGREEMENT.doc Page 2 of 2 EXHIBIT "B" Participating Jurisdictions County of Marin City of Belvedere Town of Corte Madera Town of Fairfax City of Larkspur City of Mill Valley Town of Ross Town of San Anselmo City of San Rafael City of Sausalito Town of Tiburon RESOLUTION NO. 13283 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDED HAZARDOUS WASTE PROGRAM FUNDING AGREEMENT WITH THE MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY WHEREAS, the City Council adopted Resolution No. 9741 on November 18, 1996, authorizing the City Manager to execute a Household Hazardous Waste Agreement with the Marin County Hazardous and Solid Waste Joint Powers Authority (JPA), providing for the disposal at the City's approved facility of household hazardous waste and conditionally exempt small quantity generator waste; and WHEREAS, Section 4 of the agreement obligates the JPA to impose and collect fees to cover the City of San Rafael's budgeted cost, as specified in Exhibit "A" of the Agreement, for the acceptance and management of hazardous wastes; and WHEREAS, the City of San Rafael and Marin County Hazardous and Solid Waste Joint Powers Authority have agreed upon the amendments to clearly specify funding, documentation, and new programs. NOW THERFORE, BE IT RESOLVED that the San Rafael City Council authorizes and empowers the City Manager of the City of San Rafael to execute in the name of the City of San Rafael the Amended Hazardous Waste Program Funding Agreement in a form approved by the City Attorney. BE IT FURTHER RESOLVED that the City Council of the City of San Rafael finds that the actions taken by the Resolution are not subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b) (3) of the CEQA Guidelines because there is no possibility that they will have a significant effect on the environment as provided by CEQA. The City Clerk is hereby directed to file the necessary Notice of Exemption as provided under CEQA. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday, the 17th day of January, 2012 by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough &:Mayor Phillips NOES: COt;NCILMEMBERS: None ABSENT: COUNCILME.NIBERS: None / ESTHER C. BEIRNE, City- Clerk CITY OF SAN RAFAEL ' * k. "! i 11 �� i - 0 INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. FROM: Christopher Grav, Fire Chief DEPARTMENT: Fire DATE: December 29, 2011 TITLE OF DOCUMENT: Hazardous Waste Program Fundinq Aqreement Department Head (si§nature),'.' DATE OF MEETING: January 17, 2012 (LOWER HALF OF FORM FOR APPROVALS ONLY) AP ROVE P AS COUNCIL / AGENCY A ? ity ger (sign 3ture) ' NOT APPROVED APPROVED AS TO FORM: City Attorney (signature) PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services agreements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*).a- 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor 1 or Agreement executed by Council authorized 4r1 Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the 1. - contracting department.' To be completed by Contracting Department: f 4 Project Manager:-;" Project dame: f IV - Agendized for City Council Meeting of (if necessary): ! .' If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.