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HomeMy WebLinkAboutFD Amended Hazardous Waste Collection Program Agreement; First AmendmentFIRST AMENDMENT TO AMENDED HAZARDOUS WASTE COLLECTION PROGRAM AGREEMENT This First Amendment is entered into as of the day of 2020, by and between the City of San Rafael, a Charter City ("City"), nd the Marin Recycling and Resource Recovery Association, a California Corporation ("Company"). 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, City and Company entered into a Hazardous Waste Collection Program Agreement ("Collection Agreement"), dated September 14, 1995, for the establishment and operation of a permanent household hazardous waste collection facility and a conditionally exempt small quantity generator waste collection facility at 565 Jacoby Street in San Rafael; and WHEREAS, on January 26, 2012, the City and Company entered into an Amended Hazardous Waste Collection Program Agreement ("Amended Agreement"), attached hereto as Exhibit C, pursuant to which Company is operating the permanent collection facility for Approved Hazardous Waste at 565 Jacoby Street; and WHEREAS, the Amended Agreement is set to terminate on June 30, 2020, and the parties desire to extend the term of the Agreement as set forth in this First Amendment to Amended Agreement; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows: 1. Section 4, Subsection A of the Amended Agreement (Term) is hereby amended in its entirety to read as follows: 4. Term of Agreement and Termination A. The term of this Agreement shall commence upon March 1, 2012, and shall continue to June 30, 2021, unless terminated earlier as provided in Section 11, Subparagraph G. 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. 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 �s Ji c utz City Manager ATTEST: A/� &.d4 Lindsay Lara City Clerk APPROVED AS TO FORM: City Attorney MARIN RECYCLING & RESOURCE RECOVERY ASSOCIATION APPROVED AS TO FORM: Jenna Br, Legal 6c Resource r for Man ecycling & 3ry Association