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HomeMy WebLinkAboutCC Resolution 9763 (Household Hazardous Waste 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 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. 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 6 th day of JANUARY , 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AI�i�E/� JE 1Z1. LEONCINI, City Clerk 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 151, upon giving written notice to CITY on or before the preceding January 15`x', 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 Manager ATTEST: ANNE M. L ONCINI City Clerk. MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AUTHORITY COPY