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Home My WebLink AboutFD Household Hazardous Waste PRR AmendDepartment: Fire Department Agenda Item No: 0 Meeting Date: November l,2O84 Prepared by: Bruce Martin City Manager ; SUBJECT: Amendment to Household Hazardous Waste Agreement With JPA RECOMMENDATION: Approve the resolution toreflect current procedure ofannually amending Exhibit "B". BACKGROUND: Original agreement between Solid and Hazardous Waste JPA required Exhibit "B" [amounts charged to other cities to cover the HHW budget] to be by written approval of the City (Council) and JPA. This procedure has not been current practice and in effect is not a necessary step. ANALYSIS: There is no fiscal impact to the City. New agreement procedures are followed, it will reduce staff time ofCity personnel and City Council. FISCAL IMPACT: Savings of City C|erk. City Attorney, and Fire Department personnel time to process anannual resolution. OPTIONS: Begin to follow original agreement procedures as written. ACTION REQUIRED: Approve the Resolution for the amendment ofagreement with the Solid and Hazardous Waste JFA. Ends. Copy ofpage 2from current agreement, Section 3that is being amended. Copy ofExhibit ^B^from original agreement. , FOR CITY CLERK ONLY File No.: 4/-3-3;2- )4 /3-2 j/^~- ;u � ~3 ~3/ Council Meeting:-- RESOLUTION AUTHORIZING THE CITY MANAGER m Disposition: EXECUTE AN AMENDMENT TO THE HOUSEHOLD HAZARDOUS WASTE AGREEMENT WITH RESOLUTION NO. 11658 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL 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; and WHEREAS, Section 3 of the agreement obligates the JPA to impose and collect fees to cover the CITY'S budgeted cost, as specified in Exhibit "B": of the Agreement, for the acceptance and management of hazardous wastes; and WHEREAS, Section 3 further directs that the sum expressed in Exhibit "B" of the Agreement be revised by express written agreement of the CITY and JPA; and WHEREAS, the parties desire to amend the agreement to expedite the process to which Exhibit "B": of the Agreement is revised. NOW THERFORE, 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 Solid and Hazardous Waste Joint Powers Authority, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCIl U, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a reregular meeting of the City Council of said City held on Monday, the 1 S tday ofNoyPS1hP r, 2004 by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller and Playor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen and Phillips J M. LEONCINI, City Clerk ' �t2 COPY 0 THIS SECOND AMENDMENT to the Household Hazardous Waste Agreement is made and entered into this. JL'l ,.> day of k 2004, by and between the City of San Rafael (hereinafter referred to as "CITY") and Marin County Hazardous and Solid Waste Joint Powers Authority (hereinafter referred to as "JPA"). WHEREAS, the CITY and the JPA entered into an agreement for the CITY to accept and manage approved hazardous wastes from persons who reside in households or who operate small businesses which generate conditionally exempt small quantity generator waste located within the member jurisdictions of the JPA specified in Exhibit "A" of the Agreement, dated July 1, 1996 ("Agreement"); and WHEREAS, the CITY and JPA amended the Agreement on January 6, 1997; and WHEREAS, Section 3 to the agreement obligates the JPA to impose and collect fees to cover the CITY's budgeted cost, the sum specified in Exhibit "B" of the Agreement, for the acceptance and management of hazardous wastes; and WHEREAS, Section 3 further stipulates the sum expressed in Exhibit "B" of the Agreement be revised by express written agreement of the CITY and JPA; and WHEREAS, the parties desire to amend the agreement to shorten the process to which Exhibit "B" of the Agreement is revised. NOW, THEREFORE, the parties agree to modify Section 3 as set forth below. 1. Section 3 is hereby amended to read as follows: Payment of Household Hazardous Waste Operation, Administrative and Closure Costs. JPA will impose and collect, as tipping fees pursuant to Public Resources Code 47109, the sum specified in Exhibit "B" to cover the CITY's budgeted cost for the permanent collection, storage, treatment, recycling, transportation and disposal of household hazardous waste, CITY administrative costs, and related facility closure costs. This sum, as may hereafter be revised by proposed budget submitted annually by CITY and approved by JPA, will be remitted to City in monthly installments, within 45 days of receipt of CITY's statement to the JPA. In the event that the tipping fees are not Page 1 of 2 available to pay this specified sum, the JPA shall be required to assess the member jurisdictions of the JPA specified in Exhibit "A" to cover this obligation to CITY 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 Second Amendment on the day first written above. 11CITY, City of San Rafael ROD GOULD, Cit\/ 'Ianem,,,�r ATTES-F: EANFIEJ". LEONCU11, City APPROVED: 0unty Counsel F \WasteWrostWPAkSECOND ADDENDUM TO AGREEMENT doc RM Marin County Hazardous and Solid Waste Joint Powers Authority Clerk q,�A Page 2 of 2 t T 7 FROM EXHIBIT "All C3- ) Pavment of Household- Hazardous Waste Operational, Administrative and Closure Costs. JPA will impose and collect, as tipping fees pursuant to Public Resources Code Section 47109, the sum specified in Exhibit "B" to cover the CITY's budgeted cost for the permanent collection facility, including the operational costs for the collection, storage, treatment, recycling, transportation and disposal of household hazardous waste, CITY administrative costs, and related facility closure costs. This sum, as may hereafter be revised by express written agreement of CITY and JPA, shall be remitted to CITY in quarterly installments, within 45 days of receipt of CITY's statement to JPA. In the event that the tipping fees are not available to pay this specified sum, the JPA shall be required to assess the member jurisdictions of the JPA specified in Exhibit "All to cover this obligation to CITY. 4. Indemnification for Liabilities. JPA will indemnify and defend CITY for any liabilities incurred by the CITY in connection with the collection, storage, treatment, recycling, transportation, or disposal of Approved Hazardous Waste under the CITY's Variance permit, including but not limited to any demands, claims, actions, or judgments for any bodily injury and property damage to third parties caused by sudden accidentaloccurrences at the Project Site, for any clean-up, remediation, and removal costs, for any response costs, and for any damages to natural resources, together with any related fines, penalties, court costs or attorney's fees. Defense shall be provided by counsel selected by the consent of both the CITY and the JPA. CITY will use reasonable efforts to obtain recovery for such liabilities from all available resources, including insurance, of the Company, or any other liable party, including any liable hauler, liable disposal facility, or liable conditionally exempt small quantity generators. 5. Insurance. JPA will add the CITY, its officers, employees, and agents, as an additional insured, on any of its liability insurance policies, or on any public liability insurance pools in which JPA participates, in an amount not less than $1,000,000, for the liabilities for which indemnification is provided in paragraph 4 above. Policy endorsements and certificates of insurance, evidencing such coverage shall be provided to CITY, and they shall include a provision that such coverage shall not be altered or terminated without thirty (30) days advance written notice to CITY. K 10/07/2004 13:34 FAX 4467373 HARIN COUNTY DPW Ia002/(02 JPA Program Costs FJPA Core Pro ram & Household Hazardous Waste Pro j_ rams Franchised Haulers 170-f Tons Core Program IBOP HHW Total Say CiJes 134-31 $20,147 $10,403 $26,300 $56,849 Fairfax 4158 $6,237 $3,220 $8,142 $17,5!)q 7$2-24,351 Marin 'Sanitary $3007 $79,511 $41,055 $103,795 Mill Valley Refuse 28074 $42,111 $21,744 $54,973 $118,s29 Novato Disposal 33272 $49,908 $25,770 $65,151 $140,829 San Anselmo 7271 $10,907 $5,632 $14,238 $30,776 Shoreline 6742 $10*13 $6,222 $13,202 $28,537 Tam C.130 2321 $3,482 $1,798 S4,543 $9,824 Total Franchised Haulers $222,416 $114,843 $290.344 $627,603 Facilites148276 West Marin 3396 $5,094 $2,630 $6;65() $14,374 Redwood 22967 $34,451 $17,788 $44,972 $97,212 MSS Transfer Station 37 $5,583 $2,883 $7,288 $15,764 MRRc 24796Z OS $19,205 .05 -- $48,5541 $104,953 54881 $82,32.2 $42,507 $107,464 $232.293 Total �203157 S:304,738 -SI57,3501 �$�8,,g�sq6 S397,808 =COSt er ton S1.50 tarn0' "Ous, JPACorePro & Household Hazardous WasteProrams-exclud no Novato 14HW Franchised Haulers of Tons core -Proa - iB-- - Haulers 's . nim OP Hi Total Say Cifitis Fairfax 13431 $20,147 $12.440 $28,815 $01,402 Marin Sanitary 4158 63007 $6.237 $79,511 $3,851 $49,096 $8,921 $19,009 Mill Valley Refuse )7 42 1 $42,111 $26,003 $113,72-2 $60,231 $242,329 S128,$44 Novato Disposal 335, 3 3 2 7 0 $49,908 $ 49' 9 $49,908 San Ans Orno Shoreline: 7 2 7 7271 $ 10' $10,90,7 9 $6,735 $15,599 $33,240 Tam CSD 6742 6742 $ 1 0' 1 19 $10,113 $6,245 $14,464 $30,822 Total Franchised 2321 2321 $3' 482 $3,482 $2,150 $4,980 $10,611 Facilites 148276 $222,4716 $106,51 $246,732 $575,686 West Ma, Redwooc 3396 $8,094 $3,145 $ 28 $7,286 $15,525 MSS Transfer Station 22967 $34,461 $21,272 2 $49 274 $49,274 $104,997 MRRc 3722 $5,583 $3,447 $7,985 98. $17,0161 24796 $37,1941 $;U,966 53 1 98 $53,198 $53 198 $113,359 't 54881 $82,3221 $50,8321 $117,743 $250,897 Total 9 of tons lor calculation 203157 $304,738 1 $157,3501 $364.4-7.5 1 $826,563 r Lq2Ltper ton 203157 169885 $169,88 Total Cast of Three Proqrams w/o Novato $4.57 per ton Per unit Caloulation of HMW Programs County wide @ 97$00 est units per year $6,69 per unit A-, month$0-47 _22r unit County Witte excluding Novato 0 20000 est units per year $6.73 perunit par month $0.56 per unit MnR96A.XLS CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA I SRCC AGENDA ITEM NO. DATE OF MEETING: November 1, 2004 FROM: Chief Bruce Martin DEPARTMENT: San Rafael Fire Department TITLE OF DOCUMENT: Resolution Authorizing the City Manager to Execute an Amendment to the Household Hazardous Waste Agreement with the Marin County Soild and Hazardous Waste Joint Powers Authority RECEIVEC OCT 2 8 2004 CITy A Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AGENDA ITE City Md-nager (signature) City Attorney (signature) k A