Loading...
HomeMy WebLinkAboutCC Resolution 9059 (Hazardous & Solid Waste JPA)RESOLUTION NO. _9059_ A RESOLUTION AUTHORIZING THE SIGNING OF A HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR is authorized to execute, on behalf of the City of San Rafael, a Joint Powers Agreement with the County of Marin, the cities of Belvedere, Larkspur, Mill Valley, Novato and Sausalito, the towns of Corte Madera, Fairfax, Ross, San Anselmo and Tiburon, the sanitary districts of Almonte, Alto, Homestead Valley, Las Gallinas, Novato and Ross Valley, the community service districts of Marin City and Tamalpais, the Bolinas Community Public Utility District, the Strawberry Recreation District and the Stinson Beach County Water District, a copy of which is hereby attached and by this reference made a part hereof. 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 first day of November, 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None '�,Ci� r%AJE ESM. LEONCIy Clerk 0 it I � I N"' A L 9059 0 SUMMARY OF PROPOSED REVISIONS TO JPA Membership on Board of Directors • The revised agreement provides that only members of agency governing bodies may be members of the Board of Directors, rather than either members of governing bodies or chief administrative officers. • The Board shall hold at least one meeting each year, instead of a minimum of one meeting each quarter. Executive Committee Changed to Technical Advisory Committee • The name of the Executive Committee has been changed to Technical Advisory Committee (TAC), otherwise the functions of the Committee would remain the same. • The TAC shall be composed of the chief administrative officer (or his/her designee) of all of the member agencies. • The TAC shall meet at least quarterly (in lieu of the monthly meetings of the Executive Committee). Operations Committee (New) • The TAC shall appoint a subcommittee from among its members to be called the Operations Committee. The seven members shall include at least one representative of the County, one representative of a City, and one representative from a special district. • The basic function of the Operations Committee will be to administer and manage the Authority affairs. Specific duties and authority of the Committee shall be defined by the Board of Directors in the Authority's rules of procedures or by-laws. • The Operations Committee shall meet monthly. Programs of the Authority (New) • The following functions will form the basic minimum programs to be undertaken by the Authority on behalf of all member agencies: N/ Basic Authority administration. 1/ Planning, preparation, amendment, administration, and monitoring of countywide portions of'the AB939 plans including, but not necessarily limited to: the Source Reduction and Recycling Element, the Household Hazardous Waste Element, the Solid Waste Facility Siting Element, the Non -Disposal Facility Element, and the Countywide Integrated Waste Management Plan. COPY Develop, evaluate and recommend various programs designed to bring about compliance with AB 939 requirements for member agencies that choose to participate in particular programs. Act as the Local Enforcement Agency (LEA) under California Integrated Solid Waste Board regulations. Administer the state mandated Underground Storage Tank Program (except in the City of San Rafael). Administer the state mandated Hazardous Materials Program (except in the City of San Rafael). • Except for these basic programs, member agencies may choose whether or not they wish to participate in programs to be developed by the Authority. • To clarify the powers of the Authority, provisions have been added authorizing the Authority to evaluate and recommend programs designed to achieve compliance with AB 939 in a cost effective manner, and to implement those programs for member agencies that choose to participate in particular programs as developed by the Authority. • During the Authority's first year of operation, the Board will contract with the County to perform all programs. Organizational Period • During the first year of operation, the Board shall hire a consultant to provide necessary staff support and conduct organizational and staffing analyses. • During the first year of operation, the consultant shall conduct a study and report to the Board on potential Authority funding sources. Effective Date • The revised agreement provides that the agreement will be effective when 2/3 of the Cities, 1/2 (rather that 2/3) of the Districts, and the County execute the agreement. HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEIVIENT COUNTY OF MARIN This Agreement is entered into this _ day of , ,1993 pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the following parties: The County of Marin (hereafter referred to as the "County"), the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito, Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon (hereafter collectively referred to as the "Cities"), and Sanitary Districts of Almonte, Alto, Homestead Valley, Las Gallinas, Novato, and Ross Valley, and the Community Service Districts of Marin City and Tamalpais, and the Bolinas Community Public Utility District, and the Strawberry Recreation District and the Stinson Beach County Water District (hereafter collectively referred to as the "Districts"), which are all within the County. ARTICLE l: FACTS AND DECLARATIONS Solid Waste Management WHEREAS, State Assembly Bill 939 requires the Count}- and each of its Cities to prepare, adopt, and implement source reduction and recycling elements and requires the County to prepare a county -wide siting element and a county integrated waste management plan (Sections 41000 to 43000 of the Public Resources Code). WHEREAS, the County, Cities, and Districts have entered into a Memorandum of Understanding to jointly finance, prepare, and implement the above mentioned elements and plans. Hazardous Waste Manasement WHEREAS, Government Code Section 66780.8 and Health and Safety Code Section 25135 through 25135.8 establish a planning process and requirements for the preparation, adoption, amendment, administration, and enforcement of county hazardous waste management plans. MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT Hazardous Materials Release Resoonse Plans and Inventories WHEREAS, Chapter 6.95 of Division 20 of the Health and Safety Code authorizes counties to act as administering agency to regulate all businesses using hazardous materials. Underground Storages of Hazardous Materials WHEREAS, Chapter 6.7 of Division 20 of the Health and Safety Code and the regulations as adopted by the State Water Resources Control Board establishes the authority for a program to monitor establishments where hazardous materials are stored in underground tanks. Local Enforcement Agency for Solid Waste Management WHEREAS, Public Resources Code Section 43200 and California Code of Regulations Title 14 Division 7 authorizes the establishment of a Local Enforcement Agency (LEA) to perform enforcement, inspection, and permitting for all solid waste facilities in its jurisdiction. Existing Solid Waste Management System WHEREAS, an effective system of solid waste collection, recycling, diversion and disposal currently exists within the county involving the franchised waste haulers, namely Bay Cities Refuse, Fairfax Garbage Disposal Service, Marin Sanitary Service, Mill Valley Refuse, Novato Disposal Service, San Anselmo Garbage Disposal, Shoreline Disposal, Inc. and Tamalpais Community Services District, and solid waste facilities such as the Marin Recycling Center, the Marin Recycling and Resource Recovery Center, Redwood Landfill and West Marin Sanitary Landfill; WHEREAS, the County, Cities and Districts, acting through a Joint Powers Authority, intend to strengthen and enhance, rather than replace or compete with these existing solid waste activities and operations; 2 c:Jpa.doc Last Revised: 10120/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT WHEREAS, it is recognized that the Marin Recycling and Resource Recovery Association has played a leadership role in recycling and resource recovery activities in the community and will continue to play a significant role in assisting the County, Cities and Districts to meet the diversion requirements of AB 939; WHEREAS, the County, Cities and Districts intend to accord priority consideration to the existing solid waste management system in the operation and development of future waste management activities. Joint Planning and Implementation WHEREAS, the County, Cities and Districts believe that many of the programs and facilities described in the above mentioned elements and plans will be both long-term and most cost-effectively provided on a multi jurisdictional or county -wide basis. WHEREAS, the County, Cities and Districts believe that a separate, 'special purpose agency responsible for, and capable of preparation, adoption, revision, amendment, administration, and enforcement of the Marin County Integrated Waste Management Plan, the Marin County Hazardous Waste Management Plan (hereafter referred to as the "Plans"), administration of hazardous materials and underground storage tank programs, coordination of Hazmat emergency response, and authority to act as LEA and planning, financing, implementing, managing, and maintaining of the related programs would be most cost-effective on a multi jurisdictional or County -wide basis. WHEREAS, the Joint Exercise of Powers Act (Government Code Section 6500 et seq. ) provides for joint action by two or more public agencies, and Public Resources Code section 41823 authorizes a city or county or agency formed under a joint exercise of powers agreement for the purpose of preparing and implementing source reduction and recycling elements on a county -wide integrated waste management plan. WHEREAS, it is the intent of the contracting agencies to utilize these statutory authorizations in this Agreement. 3 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT Local Enforcement Agency (LEA) Transition WHEREAS, it is recognized that several solid waste facilities permits are currently in process and it is the intent of the County, Cities and Districts to provide for a smooth transition of LEA functions so as not to create any unnecessary delays or interference with the current permit applications. Public Involvement WHEREAS, the County, Cities and Districts intend to encourage ongoing community involvement in the development and implementation of future solid and hazardous waste activities by utilizing the AB 939 Task Force, advisory committees, community meetings, and other similar mechanisms to obtain public participation in these activities. Legislation and Markets WHEREAS, the County, Cities and Districts intend to actively promote markets for recycled materials and advocate legislation which furthers the reduce, reuse, recycle hierarchy. Promoting Cost Effective Programs WHEREAS, in the planning and implementation of new countywide programs, the County,Cities and Districts intend to give particular attention to the cost-effectiveness of proposed programs. Sharing Of Costs In An EQuitable Manner WHEREAS, it is the intent of the County, Cities and Districts that costs for planning and implementing solid and hazardous waste programs will be based on a fair and equitable allocation system that considers previous investments of each member, the relative benefits to each member and the actual cost of service. NOW, THEREFORE, the Agencies agree as follows: 4 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT ARTICLE 2: DEFINITIONS Certain words as used in this Agreement shall be defined as follows: A. "Agencies" shall mean the County, Cities and Districts. B. "Agreement" shall mean this agreement that establishes the County of Marin Hazardous and Solid Waste Joint Powers Authority. C. "Authority" shall mean the County of Marin Hazardous and Solid Waste Joint Powers Authority. D. "Board" shall mean the governing body of the County of Marin Hazardous and Solid Waste Joint Powers Authority. E. "County" shall mean the County of Marin. F. "Cities" shall mean the cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon. G. "Districts" shall mean the sanitary districts of Almonte, Alto, Homestead, Las Gallinas, Novato, and Ross Valley and the Community Service Districts of Marin City and Tamalpais and the Bolinas Community Public Utility District and the Strawberry Recreation District and the Stinson Beach Water District. H. "Technical Advisory Committee"" shall mean the committee composed of the chief administrative officers, or his/her designee, of each of the member agencies respon- sible to the Board for the administration and management of the Authority's affairs. 5 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT I. "Founding Members" shall mean those members who join the Authority within ninety (90) days of its effective date. J. "Hazardous Waste Facility" shall mean a facility which includes all contiguous land and structures used for the handling, treating, recycling, storing or disposing of hazardous wastes. K. "Members" shall mean the cities and waste franchising districts which are accepted into the Authority subsequent to ninety (90) days of its effective date. L. "Quorum" shall mean two-thirds of the Board Members or two-thirds of the Technical Advisory Committee. M. "Solid Waste Facility" shall mean a facility which includes a solid waste transfer or processing station, a composting facility, a transformation facility, a disposal facility, a recycling center or any facility or location where the disposal of solid waste occurs. ARTICLE 3: PURPOSE 3.1 Purpose of Agreement The purpose of this Agreement is to establish a public entity separate from the County and each of the Cities and Districts. This public entity is to be known as the County of Marin Hazardous and Solid Waste Joint Powers Authority (hereafter referred to as the "Authority"). 3.2 Purpose of Authority The purpose of the Authority shall be to: a. Prepare, adopt, revise, amend, administer, & ;and enforce hazardous waste and solid waste plans. b. Plan, finance, implement, manage, and monitor multi jurisdictional or county -wide programs and facilities related to the plans. 6 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT C. Act as administering agency for hazardous m<<terials programs except for the City of San Rafael which may continue to operate this program on its own behalf. d. Administer and enforce the underground storage tank program except for the City of San Rafael which may continue to operate this program on its own behalf. e. Act as Local Enforcement Agency (LEA) for solid waste facilities. ARTICLE 4: CREATION OF MARIN COUNTY WASTE MANAGEMENT AUTHORITY 4.1 Creation of Authority There is hereby created the Marin County Hazardous and Solid Waste Management Authority to exercise in the manner set forth in this Agreement the powers common to each of the Agencies. 4.2 Sevarate Entitv The Authority shall be a public entity separate from the Agencies. ARTICLE 5: POWERS OF THE AUTHORITY 5.1 General Powers The Authority shall have powers common to its member County, Cities, and Districts and may: a. Prepare, adopt, revise, amend, administer, k and enforce the provisions of the Plans. b. Evaluate and recommend programs designed to achieve compliance with AB 939 in a cost effective manner. C. Implement those programs for member agencies that choose to participate under section 6.2 of this agreement. 7 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT d. Advise the members on issues related to regional hazardous and solid waste facilities and programs; e. Advocate the interests of the members related to regional hazardous and solid waste facilities and programs with local, ;Mate and federal officials; f. Plan for regional hazardous and solid waste facilities and programs; Cr. Develop regional hazardous and solid waste programs; h. Develop markets for the reuse of recyclable m<<terials. i. Contract for the operation of regional hazardous and solid waste facilities and programs; j. Regulate rates of regional hazardous and solid waste facilities and programs; k. Advise on matters of hazardous and solid waste rates and charges; and, 1. Administer programs dealing with hazardous materials and regulation of underground storage tanks; Except that nothing in this Agreement shall be construed to authorize franchise of solid waste collection. 5.2 Specific Powers In carrying out its general powers, the Authority is hereby authorized to perform all acts necessary for the exercise of said powers which may include but are not limited to the following: a. Adopt ordinances; b. Monitor performance (including permit enforcement); C. Make and enter into contracts (including to enter into agreements with the State of California to serve as Local Enforcement Agency); d. Apply for and accept grants, advances, and contributions; e. Coordinate County and/or Cities and/or Districts and private activity; f. Employ or contract for the services of agents, employees, consultants and such other persons or firms as it deems necessary; g. Conduct studies; 8 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT h. Acquire, hold or dispose of property; i. Sue and be sued in its own name; j. Incur debts, liabilities or obligations subject to limitations herein set forth; k. Levy and collect fees and charges, including administrative and operating costs, as provided in this Agreement or by law., against all entities to which the Agreement or law applies. 1. To adopt, as authorized by law, ordinances or resolutions necessary to carry out the purposes of this Agreement; in. Issue bonds, subject to the provisions and limitations of the Government Code of the State of California; n. Adopt annually, by July 1 of each fiscal year, an annual workplan and corresponding budget setting forth all administrative, operational and capital expenses for the Authority; and, o. Educate the public. 5.3 By -Laws The Board may establish its own Rules of Procedures and/or By -Laws that it, in its sole discretion, may deem necessary or desirable to conduct the business of the Authority and to carry out the purpose of this Agreement. Such Rules of Procedures and/or By -Laws shall be consistent with the laws of the State of California governing the operation of this Authority. ARTICLE 6: PROGRAMS OF THE AUTHORITY 6.1 Basic Proarams of the Authority It is agreed that the following functions will form the basic minimum programs to be undertaken by the Authority on behalf of all of the member agencies. a. Administration. Administrative functions of the Authority. b. Plannine. Preparation, amendment, administration, monitoring of the countywide portions of the AB939 plans. This includes, but is not necessarily limited to: The Source Reduction and Recycling Element, the 9 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT Household Hazardous Waste Element, the Solid Waste Facility Siting Element, the Non -Disposal Facility Element and the Countywide Integrated Waste Management Plan. C. Imt)lementation. Develop, evaluate and recommend various programs designed to bring about compliance with AB 939 requirements for member agencies that choose to participate under section 6.2. d. Local Enforcement Agency (LEA). Act as the LEA under California Integrated Solid Waste Board regulations. e. Undereround Storage Tank Program (Excluding San Rafael). Administer the state mandated Underground Storage Tank Program on behalf of all agencies except the City of San Rafael. f. Hazardous Materials Programs. (Excluding San Rafaell. Administer the state mandated Hazardous Materials Program on behalf of all agencies except the city of San Rafael. 6.2 Aaencv Election to Participate in Authoritv Proerams Except for the basic programs listed above, member agencies may choose whether or not they wish to participate in programs to be developed by the Authority. 6.3 Contract with County During First Year of Operation, While the Authority is being organized during the first year of operation, the Board shall contract with the County to perform the programs as listed in Section 3.2, "Purpose of Authority." ARTICLE 7: ORGANIZATION OF AUTHORITY 7.1 Members a. The County, cities and waste franchising districts which enter into this Agreement within ninety (90) days of its effective date shall be the Founding Members of the Authority and the Board. 10 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT b. Any City and any District which franchises hazardous and solid waste collection in the County of Marin, including cities incorporated and waste franchising districts formed after the effective date of this Agreement, may become members of the Authority and Board after the effective date of this Agreement by presenting an adopted resolution to the Board which includes a request to become a member of the Authority and Board and upon a majority affirmative vote of a quorum of the Board accepting the City or District and upon payment of any charges and upon satisfaction of any conditions established by the Board as a prerequisite for membership. 7.2 Board a. The Authority shall be governed by the "Board" which shall exercise all powers and authority on behalf of the Authority. b. The Board shall consist of one member of the governing body of the County and each of the Cities and Districts which are party to this Agreement. Upon execution of this Agreement, the governing body of the County and each of the Cities and Districts shall by election appoint one of its members to serve as a member of the Board and another of its members to serve as an alternate member of the Board to serve in the absence of the regular member. Each member and alternate shall serve at the pleasure of the governing body of the appointing agency. Any change in appointment of a member or alternate shall be by appropr.ate action of the governing body of the appointing agency. C. Two thirds of the members of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Authority except upon two-thirds affirmative vote, each member having one vote, of the members of the Board. d. The Board shall elect by two-thirds affirmative vote, from its members, a Chairperson, Vice Chairperson and Secretary. The Chairperson shall represent the Authority and execute any contracts and other documents when required by the Rules of Procedure and/or By -Laws. 11 c:Jpa.doc Last Revised:10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT e. The Board shall hire a consultant to provide necessary staff support and conduct organizational and staffing analyses for the first year of operation. The consultant will report to the Board and make recommendations, accordingly. f. The Board shall appoint an Executive Director upon recommendation of the Technical Advisory Committee. g. On or before January 1, 1995, the Board will report back to the member agencies on all the activities and programs of the Authority with particular reference to the attainment of the goals and objectives of AB939. h. It is recognized that several of the proposed member agencies have been and are supporting through rates the operations of the Marin Resource Recovery and Recycling Center (MRRRC), a portion of such financial support going to offset the capital investment of MRRRC facilities. In recognition of this, on issues regarding the allocation of costs of the MRRRC between agencies, it is agreed that a majority of the member agencies that contributed to capital investments of the MRRRC shall be required to approve any proposed cost allocation. 7.3 Technical Advisory Committee a. The Authority's non -policy affairs shall be managed by a "Technical Advisory ommittee" appointed by the Board. The Technical Advisory Committee shall be responsible to the Board for the administration and management of Authority affairs, for the provision of assistance and advice to the Board, and for recommendation to the Board of the appointment of the Executive Director. b. The Technical Advisory Committee shall be composed of the chief administrative officer, or his/her designee. of each of the member agencies. The Executive Director shall be a non-voting member of the Technical Advisory Committee. C. Two-thirds of the members of the Technical Advisory Committee shall constitute a quorum for the transaction of business. No action shall be 12 c:Jpa.doc Last Revised:10120/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT taken by the Technical Advisory Committee except upon two-thirds affirmative vote, each member having one vote, of the members of the Technical Advisory Committee. 7.4 Operations Committee a. The Technical Advisory Committee shall be responsible for appointing an Operations Committee, comprised of seven members of the Technical Advisory Committee, to provide for the administration and management of Authority affairs. The seven members shall include at least one representative of the County, one representative of a City and one representative from a District. b. Specific duties and authority of the Operations Committee shall be defined by the Board in the Authority's rules of procedures and/or by-laws. 7.5 Additional Committees a. The Board shall be advised by an AB 939 Task Force whose composition, duties and authority are described in the Integrated Waste Management Act of 1989. b. In addition to the Technical Advisory Committee and an AB 939 Task Force, the Board may from time to time establish additional committees to carry out Authority purposes, and appoint committee members from the Board, the legislative bodies or administration of member agencies, Authority staff, and/or staff of the member agencies. The Board may also establish and appoint members to citizen's advisory committees as deemed appropriate. C. To the extent practical, the Board shall appoint members to committees in such a manner as to encourage the broadest possible participation of the member agencies. The Board Chairperson shall select from among the members of the Technical Advisory Committee the Chairpersons of all committees. 13 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT ARTICLE 8: MEETINGS, 8.1 Board Meetings a. The Board shall hold at least one(1) regular meeting each year. b. Special meetings of the Board may be called in accordance with the provision of Section 54956 of the California Government Code. C. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act (Sections 54950 et. seq. of the California Government Code), and other applicable laws of the State of California requiring notice be given of meetings of public bodies. d. The Secretary shall cause minutes of all Board meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member and alternate member of the Board. 8.2 Technical Advisory Committee Meetings a. The Technical Advisory Committee shall hold at least one(1) meeting each quarter . b. Special meetings of the Technical Advisory Committee may be called by the Chairperson, or by two-thirds of the members of the Technical Advisory Committee or at the direction of the Board. C. The Secretary shall cause minutes of all Technical Advisory Committee meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to members of the committee and to each member and alternate member of the Board. 8.3 Operations Committee Meetings a. The Operations Committee shall hold monthly meetings. b. Special meetings of the Operations Committee may be called by the Chairperson, or by two-thirds of the members of the Operations Committee, or at the direction of the Technical Advisory Committee. 14 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT C. The Secretary shall cause minutes of all Operations Committee meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to members of the committee and to each member and alternate of the Board. 8.4 Other Committee Meetin-s a. Other Committee's shall hold meetings as may be called by the Committee Chairperson, or two-thirds of the members, or the Chairperson. b. The Committee Chairperson shall cause minutes of all meetings to be kept and forwarded to members of the committee and to each member and alternate of the Board. ARTICLE 9: FUNDING 9.1 Funding of Authority The Board shall adopt an annual budget for the Authority's activities within ninety (90) days of the effective date of this Agreement. Within the first year of operation, a study of potential funding sources will be made by the consultant, and recommendations brought forward to the Authority's Board of Directors. Funding sources may include a combination of fees levied on waste disposed, transformed, or generated, permit fees, and grants. The funding of the Authority's activities will result from the transfer of the authority to levy fees associated with these activities to the Authority from the County, Cities and/or Districts that currently perform the activity. The Authority is not entitled to collect or levy fees for programs in jurisdictions which do not transfer those programs to the Authority. The funding of specific regional programs and facilities financed by the Authority shall be based on an equitable allocation that considers program costs, benefits and previous investments. The County, Cities, and Districts agree to approve correspond- ing garbage rate increases via their hazardous and solid waste franchise agreements that cover their share of costs. 15 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT 9.2 Duties of Treasurer a. The Board shall appoint a Treasurer from arriong the senior management staff of the Authority or the member agencies. The Treasurer shall be either the County Auditor/Controller or the treasurer/controller or Finance Director of one of the members. b. The Treasurer shall serve as the depository and have custody of all Authority funds and establish and maintain such books, records, funds, and accounts as may be required by reasonable accounting practice, Government Code section 6505, or by another governmental agency. The books and records of the Authority shall be open to inspection at all reasonable times to the County, Cities, and Districts and their representatives. C. The Treasurer, within one hundred twenty (120) days after the close of each fiscal year (which shall be from July 1. to June 30), shall give a complete written report of all financial activities for such fiscal year to the County, Cities, and Districts. d. The Treasurer shall prepare such financial reports as may be directed by the Board or Chairperson or other governmental agency. e. The Treasurer shall cause an independent audit of the accounts and records to be conducted by a certified public accountant in compliance with the requirements of section 6505 of the Government Code and generally accepted auditing standards. 9.3 Debts and Liabilities No debt, liability, or obligation of the Authority shall constitute a debt, liability, or obligation of any Agency and each party's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as may be levied pursuant to this Agreement or as the parties hereto may agree. Notwithstanding the specific terms of this Section and in the event the Authority might have insufficient resources to defend and indemnify the members with respect to any liability, the Authority and the members shall retain the power to allocate debts, liabilities, and obligations between the Authority and 16 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT the member agencies, or among the member agencies in a manner other than as set forth above pursuant to written agreement to do same for specific projects or undertakings of the Authority. 9.4 Disposition of Authority Funds Upon Termination a. In the event of termination of the Authority where there is a successor public entity which will carry on the activities of the Authority and assume its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations shall be transferred to the successor public entity. b. If there is no successor public entity which would carry on any of the activities of the Authority or assume any of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, shall be provided in proportion to the contribution of each agency's ratepayers contributed during the term of this Agreement. Any such Authority funds received in this manner shall be used to defray the Agency's cost of hazardous and solid waste management programs or facilities. C. If there is a successor public agency which would undertake some of the functions of the Authority and assume some of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, shall be allocated by the Board between the successor public entity and member agencies. d. In the event the Authority is terminated under circumstances falling with (b) or (c) above, all decisions of the Board with regard to determinations of amounts to be transferred to member agencies or any successor shall be final. 17 c:Jpa.doc Last Revised: 10120/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT ARTICLE 10: INDEMNIFICATION The Authority shall acquire such insurance protection as is necessary to protect the interest of the Authority, the County, Cities, Districts and the public. The Authority created by this Agreement shall assume the defense of and indemnify and save harmless the County, Cities, Districts and each of their respective officers, agents and employees, from all claims, losses, damages, costs, injury and liability of every kind, nature and description directly or indirectly arising from the performance of any of the activities of the Authority or the activities undertaken pursuant to this Agreement. ARTICLE 11: EFFECTIVE DATE This Agreement shall become effective when two-thirds (2/3) of the Cities, one-half (1/2) of the Districts, and the County execute the Agreement. ARTICLE 12: TERMINATION This Agreement may be terminated by consent of all member agencies. Upon termination, payment of the obligations and division of the property of the Authority shall be conducted pursuant to Section 9.4 of Article 9 of this Agreement. ARTICLE 13: AMENDMENTS This Agreement may be amended only upon the two-thirds (2/3) affirmative vote of the Board. ARTICLE 14: WITHDRAWAL Any City, District or the County may withdraw from this Agreement within the first year of its effective date, as stated in Article 11, without financial obligation. After the first year, any City, District or the County may withdraw from this Agreement effective July 18 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT 1st of any year upon sixty (60) days prior written notice to the County and each City and District. Upon withdrawal, a City, District or the County retains its financial obligations for current contracts executed to fulfill this Agreement, assumes responsibility for its obligations under AB 939, and assumes that responsibility at its own expense. ARTICLE 15: SEVERABILITY If any provision of this Agreement or its application to any person or circumstances is held invalid, the remainder of this Agreement and the application of the provision to other persons or circumstances shall not be affected. ARTICLE 16: NOTICES All notices to Agencies shall be deemed to have been given when mailed to the governing body of each agency. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officers thereunder duly authorized and effective as of the date of execution of all parties hereto. COUNTY OF MARIN Date By CITY OF BELVEDERE Date By CITY OF LARKSPUR Date By CITY OF MILL VALLEY Date By CITY OF NOVATO Date By 19 c:Jpa.doc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT CITY OF SAN RAFAEL Date ���J.j��13 By CITY OF SAUSALITO Date By TOWN OF CORTE MADERA Date By TOWN OF FAIRFAX Date By TOWN OF ROSS Date By TOWN OF SAN ANSELMO Date By TOWN OF TIBURON Date By ALMONTE SANITARY DISTRICT Date By ALTO SANITARY DISTRICT Date By HOMESTEAD VALLEY SANITARY DISTRICT Date By LAS GALLINAS VALLEY SANITARY DISTRICT Date By NOVATO SANITARY DISTRICT Date By ROSS VALLEY SANITARY DISTRICT Date By MARIN CITY COMMUNITY SERVICES DISTRICT Date By TAMALPAIS COMMUNITY SERVICE DISTRICT Date By 20 c:Jpa.dcc Last Revised: 10/20/93 MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT BOLINAS COMMUNITY PUBLIC UTILITY DISTRICT Date Lm STRAWBERRY RECREATION DISTRICT Date STINSON BEACH COUNTY WATER DISTRICT Date By 21 c:Jpa.doc Last Revised:10/20/93