HomeMy WebLinkAboutFD Amended Hazardous Waste Program Funding Agreement; First AmendmentFIRST AMENDMENT
TO AMENDED HAZARDOUS WASTE PROGRAM FUNDING AGREEMENT
This First Amendment is entered into as of the Q day of
2020, by and between the City of San Rafael, a Charter City
("City"), 6nd the Marin County Hazardous and Solid Waste Management Joint
Powers Authority ("JPA").
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, the City entered into the Amended Hazardous Waste Collection
Program Agreement ("Collection Agreement") dated January 26, 2012, with Marin
Recycling & Resource Recovery Association ("Company"), attached hereto as
Exhibit C, pursuant to which Company is operating 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 and City entered into the Hazardous Waste Program
Funding Agreement ("Agreement"), dated July 1, 1996, pursuant to which the City
accepted for disposal at the HHWF of Approved Hazardous Waste generated within
the boundaries of the member jurisdictions of the JPA identified in Exhibit B to the
Agreement in accordance with the City's Collection Agreement with the Company;
and performed other HHW programs within the unincorporated areas of Marin
County; and
WHEREAS, the JPA and City entered into an "Amended Hazardous Waste
Program Funding Agreement" dated January 26, 2012 (the "Amended Agreement")
which made certain amendments to the Agreement to clarify funding, documentation
and new programs and extended the term of the Agreement; and
WHEREAS, the Amended Agreement is set to terminate on June 30, 2020
and the parties desire to extend the term of the Amended Agreement as set forth in
this First Amendment to the Amended Agreement; and
WHEREAS, the City Council of the City and the governing board of the JPA
have given prior approval to enter into this Amended Agreement;
NOW, THEREFORE, in consideration of the mutual promises contained in
this Agreement, the parties agree as follows
Section 8, Subsection A of the Amended Agreement (Term of Agreement and
Termination) is hereby amended in its entirety to read as follows:
8. Term of Agreement and Termination
A. The term of this Agreement shall commence upon March 1,
2012, and shall expire on June 30, 2021, unless terminated earlier as
provided in Subparagraph B. 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. The Amended Hazardous Waste Collection Program Agreement ("Collection
Agreement") dated January 26, 2012, with Marin Recycling & Resource
Recovery Association ("Company") attached hereto as Exhibit C is hereby
added to the Agreement as Exhibit C.
3. 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
Jim Schu z
City Manager
ATTEST:
�• Nom' ArG.L,
Lindsay Lara
City Clerk
APPROVED AS TO FORM:
14L L
�r
City Attorney
MARIN COUNTY HAZARDOUS AND
SOLID WASTE MANAGEMENT JOINT
POWERS AUTHORITY
Garrett o
Board C a'
APPRO AS T O�FjOR�M:
l ��
Jenna Br
Counsel for Marin County Hazardous and
Solid Waste Management JPA