HomeMy WebLinkAboutFD Haz Waste Funding Agr.; Marin County Hazardous & Solid Waste Mgmt. JPACITYn. I UL -0
OF
Department: Fire
Prepared by: Christopher Gray
Agenda Item No: 3 d.
Meeting Date: January 17, 2012
City Manager Approval:
SUBJECT: Consideration of Resolution Approving and Authorizing the City Manager to Execute the
Amended Hazardous Waste Program Funding Agreement with the Marin County Hazardous and Solid
Waste Management Joint Powers Authority (JPA).
RECOMMENDATION: Staff recommends that the City Council adopt the Resolution and the Amended
Hazardous Waste Program Funding Agreement.
BACKGROUND: On Nov 18, 1996, the City and the JPA entered into the Hazardous Waste Program
Funding Agreement which allowed for the funding of the Household Hazardous Waste Facility and the
Conditionally Exempt Small Quantity Generator (CESQG) program.
ANALYSIS: Staff has collaborated with JPA staff to amend the Agreement, which supersedes the
current Agreement. The amendments to the Agreement include: new definitions, other HHW programs
including a Door -to -Door Universal Waste Pick-up Program and Toxic Away Days in West Marin, JPA
guidelines for funding the HHW Program and the CESQG Program, and a term length to continue through
fiscal year 2020.
FISCAL IMPACT: This Agreement provides for reimbursement of all of the City's costs under the
Amended Hazardous Waste Collection Program Agreement with the Marin Recycling & Resource
Recovery Association being considered separately today, including the City's costs for the City
Environmental Management Coordinator's time in monitoring the Agreement and other administrative
expenses.
OPTIONS: The City Council can adopt the Resolution and the Amended Hazardous Waste Program
Funding Agreement. Should the City Council decide not to adopt the amended Funding Agreement, the
current agreement will remain in effect.
ACTION REQUIRED: Adopt the Resolution and the Amended Hazardous Waste Program Funding
Agreement.
Encls.
FOR CITY CLERK ONLY
File No.: '-t
Council Meeting: C t
Disposition:
RESOLUTION NO. 13283
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDED HAZARDOUS WASTE PROGRAM FUNDING
AGREEMENT WITH THE MARIN COUNTY HAZARDOUS AND SOLID
WASTE MANAGEMENT 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; and
WHEREAS, Section 4 of the agreement obligates the JPA to impose and collect
fees to cover the City of San Rafael's budgeted cost, as specified in Exhibit "A" of the
Agreement, for the acceptance and management of hazardous wastes; and
WHEREAS, the City of San Rafael and Marin County Hazardous and Solid
Waste Joint Powers Authority have agreed upon the amendments to clearly specify
funding, documentation, and new programs.
NOW THERFORE, BE IT RESOLVED that the San Rafael City Council
authorizes and empowers the City Manager of the City of San Rafael to execute in the
name of the City of San Rafael the Amended Hazardous Waste Program Funding
Agreement in a form approved by the City Attorney.
BE IT FURTHER RESOLVED that the City Council of the City of San Rafael
finds that the actions taken by the Resolution are not subject to the California
Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b) (3) of the
CEQA Guidelines because there is no possibility that they will have a significant effect
on the environment as provided by CEQA. The City Clerk is hereby directed to file the
necessary Notice of Exemption as provided under CEQA.
I, ESTHER C. BEIRNE, 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 Tuesday, the 17th day of January, 2012 by the
following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COLINCILMEMBERS: Mone
ABSENT: COU'NCILMEMBERS: None 71
ESTHER C. BEIRNE, City Clerk
AMENDED HAZARDOUS WASTE PROGRAM
FUNDING AGREEMENT
This Agreement is entered into as of the day of January, 2012, by and between the
City of San Rafael, a Charter City ("City"), and the Marin County Hazardous and Solid Waste
Management Joint Powers Authority ("JPA").
WHEREAS, the City and JPA desire to enter into this new Agreement, which shall
supersede the Agreement between the City and the JPA, dated July 1, 1996, as thereafter
amended, subject to the survival of the indemnification provision in such superseded Agreement,
a copy of which is attached hereto as EXHIBIT "A"; and
WHEREAS, the City has received 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 has entered into a Hazardous Waste Collection Program
Agreement ("Collection Agreement") dated January 26, 2012, with Marin Recycling & Resource
Recovery Association ("Company'"), pursuant to which Company will continue to operate 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 desires and the City is willing to continue, subject to the terms of
this Agreement, the acceptance for disposal at the HHWF of Approved Hazardous Waste
generated within the boundaries of the member jurisdictions of the JPA identified in EXHIBIT
"B" in accordance with the City's Collection Agreement with the Company, and the performance
of other HHW programs within the unincorporated areas of Marin County, which obligations
were originally undertaken pursuant to the Agreement between the City and the JPA, dated July
1. 1996 ; and
WHEREAS. the City Council of the City and the governing board of the JPA, have
given prior approval to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the parties agree as follows:
7 ox�cmAL
1. Definitions.
A. "Approved Hazardous Waste" means hazardous waste received from households
and conditionally exempt small quantity generators (CESQG) that Company is authorized to
receive at the HHWF, including but not limited to:
• Used oil
• Used oil filters
• Household batteries
• Small quantities of mercury
• Latex paints
• Pesticides and herbicides
• Kerosene
• Acids
• Caustics
• Old gasoline
• Other household flammable liquids
• Ethylene Glycol
• Lead acid batteries
• Household cleaners
• Fertilizers
• Oil Based Paints
• Paint strippers
• Lamp oil
• Bases
• Universal Waste
B. "CESQG" is a Conditionally Exempt Small Quantity Generator business that
generates no more than 100 kilograms of hazardous waste in a calendar month as defined in
H&S Code section 25218.1.
C. "Company" means Marin Recycling & Resource Recovery Association.
D. -HHW- means the Household Hazardous Waste Program.
E. "HHWF*' means the portion of property at 565 Jacoby Street leased by Company
from Marin Sanitary Service that has been set aside and designated for the Company's receipt of
Approved Hazardous Wastes. .
F. "City" means the City of San Rafael.
G. **JPA** means the Marin County Hazardous and Solid Waste Management Joint
Powers Authority.
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2. Acceptance and Management of Approved Hazardous Waste at HHWF.
During the term of this Agreement, City shall require that Company accept and manage
at the HHWF during its hours of operation, Approved Hazardous Waste from persons who reside
in households located within the member jurisdictions of the JPA specified in EXHIBIT "B", or
who operate CESQG businesses which are located within the member jurisdictions of the JPA as
identified in EXHIBIT "B". The JPA may amend EXHIBIT "B" from time -to -time to add
and/or withdraw participating member jurisdictions, effective at the beginning of a fiscal year
commencing July I", upon giving notice to City on or before the preceding January 15th ,
provided that any such amendment shall not affect the JPA's indemnification obligations in
Paragraph 5.
3. Other HHW Projuams.
A. City may conduct West Marin Toxic Away Days each year in Bolinas, Pt. Reyes,
Woodacre and other Jurisdictions or areas as mutually agreed upon with the JPA. City shall
conduct the events by appointment only for a maximum of 40 cars at each location. City shall
include the costs for these one day events on the City's monthly HHW program invoice to the
JPA.
B. City may cooperate with community non-profit groups operating household
compact florescent lamp and battery collection programs and facilitate their dropping these items
off at the HHWF free of charge.
C. City may provide environmental management public education and consultations
to the public, other public agencies, schools and private parties seeking to obtain information
about hazardous material regulations and hazardous materials best management practices.
D. City may have Company implement a Door to Door Household Universal Waste
Pick-up Program in accordance with the Amended Hazardous Waste Collection Program
Agreement.
4. Payment of HHW Program Operational, Administrative and Closure Costs.
A. The City recognizes that funding for the HHW program is derived from tipping
fees set and collected by the JPA via its annual budget setting process. To that end, the City
shall submit an annual proposed HHW Program Budget to the JPA each year detailing the
proposed operational costs, closure costs, building replacement costs, and equipment upgrade
and/or replacement costs. The City's submittal of a proposed budget shall provide the forum to
evaluate and modify as necessary the proposed program offerings so that they can be
accommodated by the budget and associated tipping fees set by the JPA Board. The JPA Board
shall have the final say on each year's approved operating budget.
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B. JPA shall impose and collect, as tipping fees pursuant to Public Resources Code
Section 47109, an amount sufficient to reimburse City for the costs of the HHW program, which
may include operational cost, closure costs, building replacement costs, and equipment
replacement costs, and the cost for transportation and disposal of Approved Hazardous Waste at
approved disposal sites, and to cover payment of the City's administrative costs for overseeing
and monitoring the Company's operation of the HHW and CESQG programs, and for
undertaking the other HHW programs specified in Paragraph 3 above.
C. In the event that the tipping fees are not available to pay this amount, the JPA
shall be required to assess the member jurisdictions of the JPA identified in EXHIBIT "B" to
cover this obligation to City.
D. City shall submit monthly invoices to the JPA for the City's costs within one
month following the end of each month, detailing the costs specified in Section 4 A. The JPA
shall pay such invoices within 30 days of their receipt, provided that the JPA shall be entitled to
request any documentation from City reasonably necessary for the JPA to verify the amounts
shown on the invoices and to withhold payment for a reasonable time period for receipt and
evaluation of the information requested.
E. City shall continue to maintain the following funds for use when needed. If these
funds are utilized, the City shall invoice the JPA to maintain the funds at the levels indicated
below:
(1) Facility Closure Costs in the amount of $50,000.
(2) Building Replacement in the amount of $40,000.
(3) Equipment Replacement in the amount of $15,000.
5. Indemnifications for Liabilities.
A. JPA shall indemnify and defend City for any liabilities incurred by the City in
connection with, and not limited to, the collection, storage, treatment, recycling, transportation,
or disposal of Approved Hazardous Waste, including but not limited to any demands, claims,
actions, or judgments for any bodily injury and property damage to third parties caused by
sudden accidental occurrences associated with the HHW and CESQG programs, for any clean-
up, remediation, and removal costs, for any response costs, and for any damages to natural
resources, for any pollution claims, together with any related fines, penalties, court costs or
attorney's fees.
B. Defense of any claims related to the matters contained herein, as provided in
Subparagraph A, shall be provided by counsel selected by the consent of both the City and the
JPA.
M
C. City shall 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 CESQG.
6. Insurance.
A. JPA shall add the City, its officers, employees, and agents, as an additional
insured, on any of its liability insurance pools in which JPA participates, in an amount not less
than the liability coverages agreed to by the Company in the Collection Agreement, for the
liabilities for which indemnification is provided in Paragraph 5 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.
B. Prior to the effective date of this Agreement, City shall arrange for Company to
provide the JPA with a Certificate of Insurance naming the JPA and the JPA's member
jurisdictions, and their officers, agents, and employees, as additional insured's to the same extent
of insurance coverage as is provided to City, its officers, agents, and employees, pursuant to
Paragraph 8 of the Collection Agreement.
7. CESQG Waste.
CESQG waste shall be collected at the HHWF from businesses located within the
boundaries of the member jurisdiction of the JPA specified in EXHIBIT "B", subject to payment
by the businesses to Company, of regulatory fees and a service charge, set by the City Council
from time -to -time, sufficient to pay the costs for collection, storage, recycling, transportation and
disposal of such wastes, and related facility closure costs.
8. Term of Agreement and Termination.
A. The term of this Agreement shall commence upon March 1, 2012, and shall
expire on June 30, 2020, unless terminated earlier as provided in Subparagraph B. hereafter.
B. This Agreement may be terminated by either City or JPA for cause upon giving
thirty (30) days written notice to the other party.
C. Notwithstanding expiration of the term of this Agreement, or termination of this
Agreement, the JPA's indemnification obligations set forth in Paragraph 5 shall survive and be
enforceable by City as provided therein.
D. Termination or expiration of this Agreement shall not abrogate the legal and
financial obligations of the City, JPA or departing JPA members for closure of the HHWF.
E. Any HHWF expenses required to be incurred after the termination date shall be
submitted in writing by City to the JPA prior to the City incurring said expenses.
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9. Notices.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
City Manager
City of San Rafael
P.O. Box 151560
(1400 Fifth Avenue)
San Rafael, CA 94915-1560
Executive Director
Marin County Hazardous and Solid Waste Management JPA
c/o County of Marin Public Works Department
3501 Civic Center Drive
San Rafael, CA 94903
With a Copy To:
City Attorney
City of San Rafael
P.O. Box 151560
(1400 Fifth Avenue)
San Rafael, CA 94915-1560
415-485-3109
Office of the Marin County Counsel
Attn: Nancy Grisham, Deputy
3501 Civic Center Drive, Ste 275
San Rafael, CA 94903
10. Entire Agreement — Amendments.
A. The terms and conditions of this Agreement, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Agreement of the parties
with respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or
xwitten regarding the subject matter between City and the JPA.
mom
C. No other Agreement, promise or statement, written or oral relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to
this Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified
except by a written amendment to this Agreement signed by City and JPA.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terms and conditions of the attached exhibits or the documents expressly incorporated by
reference, the terms and conditions of this Agreement shall control.
11. Waivers.
The waiver by either party of any breach or violation of any term, covenant or condition
of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a waiver of
any other term, covenant or condition, ordinance, law or regulation or of any subsequent breach
or violation of the same or other term, covenant, condition, ordinance, law or regulation. The
subsequent acceptance by either party of any fees, performance or other consideration deemed to
be a waiver of any preceding breach or violation by the other party of any term, condition,
covenant of this Agreement or any applicable law, ordinance or regulation.
12. Costs and Attorney's Fees.
The prevailing party in any action brought to enforce the terms and conditions of the
Agreement, may recover its reasonable costs (including claims administration) and attorney's
fees expended in connection with such action as determined by the Court. Venue of any action
shall be in the Superior Court of the County of Marin.
13. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date set forth above.
CITY OF SAN RAFAEL MARIN COUNTY HAZARDOUS AND SOLID
WASTE MANEMENT JOINT POWERS
AUTHORITY I
4 -
NANCY MACK f E, City Manager
By: Ve0)z G Q1?&'10! CHCS
Title: .�P,q C,f1,t11I
-7-
ATTEST:
ESTHER C. BEIRNE, City Clerk
�,,- )- Z, - /Z
ROBERT F. EPSTEfN, City Attorney
APPROVED? AS TO FORM:
COUNSEL for Marin County Hazardous and Solid
Waste Management JPA
EXHIBIT "A"
Contents
Resolution No. 9741: A RESOLUTION OF THE CITY OF SAN RAFAEL CITY
COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A
HOUSEHOLD HAZARDOUS WASTE AGREEMENT WITH THE
MARIN COUNTY SOLID AND HAZARDOUS WASTE JOINT POWERS
AUTHORITY and the original funding Agreement between the City and
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 and the first amendment
to the funding Agreement between the City and JPA.
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 and the second
amendment to the funding Agreement between the City and JPA
EXHIBIT A
RESOLUTION NO. %741
A RESOLUTION OF THE CITY OF BAN RAFAEL
CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE A HOUSEHOLD HAZARDOUS WAS'E AGREEMENT
WITH THE MARIN COUNTY SOLID AND I-.'VZARDOUS
WASTE JOINT POWERS AUTHORI7C.
WHEREAS, the City Council by Resolution N). 8623 on March 2,
1992, adopted a household hazardous waste (HHW element as part of
the countywide integrated waste management plat, which household
hazardous waste element contemplated establishient of a permanent
Household Hazardous Waste Collection Facility )y the year 1995; and
WHEREAS, the City sought and received in )ctober 1993, from
the California Department of Toxic Substances 'ontrol,
authorization to establish a Household Hazardcis waste Collection
Facility and a Conditionally Exempt Small Quan:ity Generator Waste
Collection Facility, located at 565 Jacoby Stx�et in San Rafael, to
be operated by Marin Recycling and Resource Re:overy Association, a
California corporation, under a contract with ;he City; and
WHEREAS, the City Council on September 5, 1995, pursuant to
Resolution No. 9448, approved and entered into a Hazardous Waste
Collection Program Agreement, dated September L4, 1995, with Marin
Recycling and Resource Association, for the establishment and
operation of a permanent Household Hazardous piste Collection site
and a Conditionally Exempt Small Quantity GenE:ator Waste
Collection site at 535 Jacoby Street in San Ra-ael; and
WHEREAS, the City of San Rafael is willir.j and able to provide
Household Hazardous Waste Collection and Conditionally Exempt Small
Quantity Generator Collection services to the larin County Solid
and Hazardous Waste Joint Powers Authority, hE:einafter referred to
as JPA; and
WHEREAS, the foregoing Hazardous Waste Collection Program
Agreement provides JPA to reimburse the City cf San Rafael and
Marin Recycling and Resource Association for tie cost of the
Household Hazardous Waste Collection Program aid the Battery, Oil
and Paint Program; and
NOW THEREFORE, BE IT RESOLVED that the Ci --y Council of the
City of San Rafael authorizes the City Manager to execute the
Agreement with the Marin County Solid and Haza:dous Waste Joint
Powers Authority attached hereto.
U
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 Council of said
City on Monday, the 18th day of November, 1996, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE-/M. LEONCINI,'CltY Clerk
AGREEMENT
(a
THIS AGREEMENT is entered into as of July 1, 1996, by and
between the CITY of San Rafael ("CITY"), and the Marin County
Hazardous and Solid Waste Joint Powers Authority ("JPA").
WHEREAS, the CITY has received a permit variance from the
California Department of Toxic Substances Control, permitting the
establishment of a permanent collection facility for household
hazardous waste (11HHW11) and conditionally exempt small quantity
generator waste (110ESQGW11) (collectively "Approved Hazardous
Waste") ;
WHEREAS, the CITY has entered into a Hazardous Waste
Collection Agreement ("Hazardous Waste Collection Agreement") ,
dated September 14, 1995, with Marin Recycling Resource Recovery
Association ("Company") , pursuant to which Company will operate the
permanent collection facility for Approved Hazardous Waste at 565
Jacoby Street in the CITY of San Rafael ("Project site");
WHEREAS, the JPA desires the- CITY to accept, and CITY is
willing to accept, the disposal at the Project Site of Approved
Hazardous Waste generated within the boundaries of the member
jurisdictions of the JPA specified in Exhibit "A", subject to an
agreement with respect to the JPA's assumption of liabilities,
closure costs, and operational costs;
WHEREAS, the City Council of the CITY and the governing board
of the JPA, have given prior approval to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual promises
contained in this Agreement, the parties agree as follows:
1. Definitions.
To the extent that any terms used herein are contained in the
definitions set forth in the aforementioned Hazardous Waste
Collection Agreement, such definitions are incorporated herein by
reference.
2. Acceptance and Management of Approved Hazardous Waste.
During the term of this Agreement, CITY and Company agree to
accept at the Project Site, during the hours of operation set from
time to time by the CITY, Approved Hazardous Waste from persons who
reside in households located within the member jurisdictions of the
JPA specified in Exhibit "A", or who operate small businesses which
generate conditionally exempt small quantity generator waste and
which are located within the member jurisdictions of the JPA
specified in Exhibit "A".
1
3. Payment gf 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
accidental occurrences 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.
2
Prior to the effective date of this Agreement, CITY shall
arrange for Company to provide the JPA with a Certificate of
insurance naming the JPA and the JPA's member jurisdictions, and
their officers, agents, and employees, as additional insureds to
the same extent of insurance coverage as is provided to CITY, its
officers, agents, and employees, pursuant to Paragraph 8 of the
Hazardous Waste Collection Agreement.
6. conditionally Exempt and Small Ouantity Generator Waste.
Conditionally exempt small quantity generator.waste will be
collected at the Project Site from small businesses located within
the boundaries of the member jurisdictions of the JPA specified in
Exhibit "A", subject to payment by the small businesses to Company,
of regulatory fees or service charges, set by the CITY from time to
time, sufficient to pay the permanent facility operational costs
for collection, storage, treatment, recycling, transportation and
disposal of such waste, and related facility closure costs.
As a condition of collecting such waste, CITY will require
such conditionally exempt small quantity generators to indemnify
CITY for their apportioned share of any liability incurred and
attributed to the collection, storage, treatment, recycling,
transportation or disposal of their waste by the CITY. Provided,
however, that the JPA shall continue to have the indemnification
obligation specified in Paragraph 4 with respect to such waste.
7. Term of Agreement and Termination.
(A) The term of this Agreement shall commence upon the
execution of an agreement which will provide for an apportionment
of liability between the Cities and the County for the
indemnification to be provided under Paragraph 4, and shall end
coterminous with the expiration date of the CITY's Permit Variance,
together with any and all extensions thereof, unless terminated
earlier as provided in Subparagraph (B) hereafter.
(B) This Agreement may be terminated by CITY or JPA for cause
upon giving ninety (90) days written notice to the other party.
This Agreement may be terminated without cause, effective at the
end of any fiscal year ending June 30th, upon giving written notice
to the other party on or before the preceding March 1st.
(C) Notwithstanding expiration of the term of this Agreement,
or termination of the Agreement, the JPA's indemnification
obligations set forth in Paragraph 4 shall survive and be
enforceable by CITY as provided therein.
(D) Termination of this Agreement shall not abrogate the
CITY, JPA or departing members from their legal and financial
obligation for closure of the facility. Any facility expenses
required to be incurred after the termination date shall be
K
submitted in writing to the JPA prior to incurring said expenses.
8. Notices.
Any notice or request required or permitted to be given under
this Agreement shall be given in writing and shall be deemed to
have been given when remitted in any of the following methods:
(A) deposited in the United States mail, first class, postage
prepaid, duly addressed, registered or certified, return receipt
requested, at the following addresses or at such other address as
is directed by either party by written notice given to the other as
provided in this Paragraph;
(B) personal delivery;
(C) facsimile transmission, upon written or facsimile
confirmation of receipt by the receiving party:
CITY OF SAN RAFAEL JPA
1400 Fifth Avenue
San Rafael, CA 94901
Attn: City Manager
Fax: (415) 459-2242
with a copy to:
City Attorney at the
address above set
forth.
9. Entire Agreement -- Amendments.
A. The terms and conditions of this Agreement, all exhibits
attached, and all documents expressly incorporated by reference,
represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior
agreements, oral or written, regarding the subject matter between
the CITY and the JPA.
C. No other Agreement, promise or statement, written or
oral, relating to the subject matter of this Agreement, shall be
valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be
altered or modified except by a written amendment to this Agreement
signed by the CITY and JPA.
E. If any conflicts arise between the terms and conditions
of this Agreement, and the terms and conditions of the attached
exhibits or the documents expressly incorporated by reference, the
terms and conditions of this Agreement shall control.
io. -waivers.
The waiver by either party of any breach or violation of any
term, covenant or condition of this Agreement, or of any ordinance,
law or regulation, shall not be deemed to be a waiver of any other
term, covenant, condition, ordinance, law or regulation, or of any
subsequent breach or violation of the same or other term, covenant,
condition, ordinance, law or regulation. The subsequent acceptance
by either party of any fee, performance or other consideration
which may become due or owing under this Agreement, shall not be
deemed to be a waiver of any preceding breach or violation by the
other party of any term, condition, covenant of this Agreement or
any applicable law, ordinance or regulation.
11. Costs and Attorney's Fees.
The prevailing party in any action brought to enforce the
terms and conditions of this Agreement, may recover its reasonable
costs (including claims administration) and attorney's fees
expended in connection with such action.
12. Governing Law.
This Agreement shall be governed by and construed in
accordance with the laws of the State of California-.
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:
r
-1 M�17rM sirRE
(Revised 11-7-96)
�j
JPA
Pari' ict'ons;
County .pf Marin
City of Belvedere
TOVm or Corte Madera
Town ofFair&x
City ofLarkspur
City of MiR YaUey
Town ofRo3s
Town of San Anselmo
City of San Rafael
City of Sausalito
Town of Tiburon
Ic
EXHIBIT "B'
JPA Program Costs
} JPA Care Prnnram X Hn„cnhniii
Franchised Haulers
Bay Cities
Fairfax
Marin Sanitary
Mill Valley Refuse
Novato Disposal
San Anselmo
Shoreline
Tam CSD
Total Franchised Haulers
# of Tons
13431
4158
53007
28074
33272
7271
6742
2321
Core Program
$20,147
$6,237
$79,511
$42,111
$49,908
$10,907
$10,113
$3,482
BOP
$10,403
$3,220
$41,055
$21,744
$25,770
$5,632
$5,272
$1,798
HHW
$26,300
$8,142
$103,795
$54,973
$65,151
$14,238
$13,202
.$4,545
Total
$56,849
$17,599
$224,361
$118,828
$140,829
$30,776
$28,537
$9,824
Facilites
148276
$222,416
$114,843
$290,344
$627,603
Nest Marin
Redwood
ASS Transfer Station
NRRC
3396
22967
3722
24796
$5,094
$34,451
$5,583
$37,194
$2,630
$17,788
$2,883
$19,205
$6,650
$44,972
$7,288
$48,554
$14,374
$97,212
$15,754
$104,953
$19,009
54881
$82,322
$42,507
$107,464
$232,293
''otal
Mill Valley Refuse
28074
$42,111
$26,003
$60,231
203157
$304,738
$157,350
$397,808
$859,896
Cost per ton $1.50 50.77 $1.96 $4.23
JPA Core Pro ram & Household Hazardous Waste Pro rams -excluding
Novato HHW
Franchised Haulers
# of Tons
Core Program
BOP HHW
Total
Bay Cities
13431
$20,147
$12,440
$28,815
$61,402
Fairfax
4158
$6,237
$3,851
$8,921
$19,009
Marin Sanitary
53007
$79,511
$49,096
$113,722
$242,329
Mill Valley Refuse
28074
$42,111
$26,003
$60,231
$128,344
Novato Disposal
33272
$49,908
$49,908
San Anselmo
7271
$10,907
$6,735
$15,599
$33,240
Shoreline
Tam CSD
6742
$10,113
$6,245
$14,464
$30,822
Total Franchised Haulers
2321
$3,482
$2,150
$4,980
$10,611
54881
$222,416
$106,518 1 $246,7321 $575,666
$5,094
148276
Facilites
$15,525
West Marin
3396
13722�MRRC
Redwood
22967
MSS Transfer Station
$3,447
$7,985
24796
54881
$222,416
$106,518 1 $246,7321 $575,666
$5,094
$3,145
$7,286
$15,525
$34,451
$21,272
$49,274
$104,997
$5,583
$3,447
$7,985
$17,016
$37,194
$22,966
$53,198
$113,359
$82,322
$50,832
$117,743 1
$250,897
Total 203157 $304,738 $157,350 $364,475 $826,563
# of tons for calculation 203157 169885 $169,885
Cost er ton $1.50 $0.93 $2.15
Total Cost of Three Program w/o Novato $4.57 pert,n
Per unit Calculation of HHW Programs
County wide 4 97500 est units
per year
er month
$5.69
$0.47
per unit
per unit
County wide excfuding Novato � 20000 est units
per year
per month
$6.73
$0.56
per unit
per unit
MRR96A.XLS
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.
1, JEANNE M. LEONCIM, 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 6th day of JANUARY , 1997, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE
_-A Nt1E
1. LEONCINI, City Clerk
�I , a`,�11
9—
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
I", upon giving written notice to CITY on or before the preceding January 15`'', 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. LE NCINI
City Clerk
MARIN COUNTY HAZARDOUS AND
SOLID WASTE JOINT POWERS
AUTHORITY
1 xs
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. 9141 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
J
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. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regal meeting of the
City Council of said City held on Monday, the 1 St day of Pbyember, 2404 by the following
vote, to wit:
AYES: COL'NCILMEMBERS: Heller, Miller and Mayor Poro
NOES: COUNCILMEMBERS: 'lone
ABSENT: coUTNcu-mpqBERS: Cohen and Phillips
J04 I LEONCI N'I, City Clerk
SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE
CITY OF SAN RAFAEL AND THE MARIN COUNTY HAZARDOUS AND SOLID
WASTE JOINT POWERS AUTHORITY DATED JULY 1, 1996
THIS SECOND AMENDMENT to the Household Hazardous Waste Agreement is made -
and entered into this *day of 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").
RECITALS
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.
AGREEMENT
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 COPY I I
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.
,CITY„
"JPA"
City of San Rafael Marin County Hazardous and Solid Waste
Joint Powers Authority
By.
ROD COULD, City 1.1an r
ATTEST�, -
APPROVED: JEANNE-41. LEONCINt, City Clerk
'Wounty Counsel d1l,
FAWasteV-WostVPANSECOND ADDENDUM TO AGREEMENT.doc
V Page 2 of 2
,Z:A
EXHIBIT "B"
Participatins! Jurisdictions
County of Marin
City of Belvedere
Town of Corte Madera
Town of Fairfax
City of Larkspur
City of Mill Valley
Town of Ross
Town of San Anselmo
City of San Rafael
City of Sausalito
Town of Tiburon
RESOLUTION NO. 13283
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDED HAZARDOUS WASTE PROGRAM FUNDING
AGREEMENT WITH THE MARIN COUNTY HAZARDOUS AND SOLID
WASTE MANAGEMENT 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; and
WHEREAS, Section 4 of the agreement obligates the JPA to impose and collect
fees to cover the City of San Rafael's budgeted cost, as specified in Exhibit "A" of the
Agreement, for the acceptance and management of hazardous wastes; and
WHEREAS, the City of San Rafael and Marin County Hazardous and Solid
Waste Joint Powers Authority have agreed upon the amendments to clearly specify
funding, documentation, and new programs.
NOW THERFORE, BE IT RESOLVED that the San Rafael City Council
authorizes and empowers the City Manager of the City of San Rafael to execute in the
name of the City of San Rafael the Amended Hazardous Waste Program Funding
Agreement in a form approved by the City Attorney.
BE IT FURTHER RESOLVED that the City Council of the City of San Rafael
finds that the actions taken by the Resolution are not subject to the California
Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b) (3) of the
CEQA Guidelines because there is no possibility that they will have a significant effect
on the environment as provided by CEQA. The City Clerk is hereby directed to file the
necessary Notice of Exemption as provided under CEQA.
I, ESTHER C. BEIRNE, 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 Tuesday, the 17th day of January, 2012 by the
following vote, to wit:
AYES: COUNICILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
INSTRUCTIONS
DEPARTMENT
CITY OF SAN RAFAEL
' * k. "! i 11 �� i - 0
USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
Christopher Gray, Fire Chief
_9
December 29, 2011
TITLE OF DOCUMENT:
Hazardous Waste Program Funding A,
greement
SRRA / SRCC AGENDA ITEM NO.
DATE OF MEETING: January 17, 2012
L
U
D, -
r,
, 'j-'0 2GII
RECEIVED
.ia 1 ?- 2012
IORNEY
Department Head (si6nature -!<-, \11
(LOWER HALF OF FORM FOR APPROVALS ONLY)
AS COUNCIL /AGENCY APPROVED AS TO FORM:
ity ger (sig-6ture)
NOT APPROVED
REMARKS:
City Attorney (signature)
PROFESSIONAL SERVICES AGREEMENT/CONTRACT
COMPLETION CHECKLIST AND ROUTING SLIP
Below is the process for getting your professional services agreements/contracts finalized and
executed. Please attach this "Completion Checklist and Routing Slip" to the front of your
contract as you circulate it for review and signatures. Please use this form for all professional
services agreements/contracts (not just those requiring City Council approval).
This process should occur in the order presented below.
Step
Responsible
Description
Completion
Department
- Date
I
City Attorney
Review, revise, and comment on draft
agreement.
2
Contracting Department
Forward final agreement to contractor for
their signature. Obtain at least two signed
originals from contractor.
3
Contracting Department
Agendize contractor -signed agreement for
Council approval, if Council approval
necessary (as defined by City Attorney/City
Ordinance*).
4
City Attorney
Review and approve form of agreement;
bonds, and insurance certificates and
endorsements.
5
City Manager / Mayor 1 or
Agreement executed by Council authorized
Department Head
official.
6
City Clerk
City Clerk attests signatures, retains original
agreement and forwards copies to the
15
contracting department.
t �
To be completed by Contracting Department: I
Project Manager: P V> i Project Name: Alf (fh,34.
A
J I
Agendized for City Council Meeting of (if necessary): r -L,
If you have questions on this process, please contact the City Altomey's Office at 485-3080.
* Council approval is required if contract is over $20,000 on a cumulative basis.
