HomeMy WebLinkAboutCC Resolution 11916 (Hazardous Materials Laws)RESOLUTION NO. 11916
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
COUNTY OF MARIN TO TRANSFER THE CITY'S FEDERALLY
COPYRIGHTED CUPA DATA MANAGEMENT SOFTWARE, RELATED TO
THE ENFORCEMENT OF CALIFORNIA HAZARDOUS MATERIALS LAWS
WHEREAS, on February 21, 2006 the City of San Rafael adopted Ordinance No.
1840 deleting Chapter 4.20 from the San Rafael Municipal Code, to complete
decertification of the San Rafael Fire Department as a Certified Unified Program Agency
(CUPA) for the City of San Rafael; and
WHEREAS, the County of Marin CUPA has commenced inspections of CUPA
sites within the City of San Rafael and collection of CUPA fees for such inspections as
authorized by the California EPA; and
WHEREAS, the San Rafael Fire Department developed CUPA Data
Management Software (CUPA-DMS) in 1997, and secured federal copyright registration
for such software (Registration No. TXu-804-429), to assist with its enforcement as a
CUPA enforcement agency of California hazardous materials laws within the City of San
Rafael; and
WHEREAS, the Fire Department has updated the CUPA-DMS software from
time to time, and has granted non-exclusive licenses to other CUPA enforcement
agencies to use such software, and has maintained a CUPA-DMS users group to address
use and improvement of the software; and
WHEREAS, the CUPA-DMS software is specific to the storage and maintenance
of hazardous materials and requires significant work and technical expertise to maintain
its viability and the San Rafael Fire Department does not find it practical or financially
beneficial to continue to own and maintain the software now that the Fire Department is
no longer a CUPA enforcement agency; and
WHEREAS, the maintenance of CUPA-DMS software requires up to date
knowledge about hazardous waste laws and the maintenance of a users group, and the
County of Marin wishes to acquire all of the City's right, title and interest to the software
for $5,500 since it is a user and the single CUPA enforcement agency within Marin
County; and
WHEREAS, the City has been licensing this software to other CUPA
enforcement agencies at $1,650 per license, but such licenses have dropped to
approximately 1 per year.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City
of San Rafael authorizes the Interim City Manager to execute an agreement, in a form
approved by the City Attorney, to transfer all of the City's right, title and interest in the
CUPA-DMS software to the County of Marin for the sum of $5,500.00 and rights to all
future CUPA-DMS developments, updates and enhancements.
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 City Council of said City held on Monday, the 6th day of March, 2006,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
J��M.LE61 CIl ,-City Clerk