HomeMy WebLinkAboutCC Resolution 9741 (Hazardous Waste JPA)RESOLUTION NO. 4741
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.
WHEREAS, the City Council by Resolution No. 8623 on March 2,
1992, adopted a household hazardous waste (HHW) element as part of
the countywide integrated waste management plan, which household
hazardous waste element contemplated establishment of a permanent
Household Hazardous Waste Collection Facility by the year 1995; and
WHEREAS, the City sought and received in October 1993, from
the California Department of Toxic Substances Control,
authorization to establish a Household Hazardous Waste Collection
Facility and a Conditionally Exempt Small Quantity Generator Waste
Collection Facility, located at 565 Jacoby Street in San Rafael, to
be operated by Marin Recycling and Resource Recovery Association, a
California corporation, under a contract with the 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 14, 1995, with Marin
Recycling and Resource Association, for the establishment and
operation of a permanent Household Hazardous Waste Collection site
and a Conditionally Exempt Small Quantity Generator Waste
Collection site at 535 Jacoby Street in San Rafael; and
WHEREAS, the City of San Rafael is willing and able to provide
Household Hazardous Waste Collection and Conditionally Exempt Small
Quantity Generator Collection services to the Marin County Solid
and Hazardous Waste Joint Powers Authority, hereinafter referred to
as JPA; and
WHEREAS, the foregoing Hazardous Waste Collection Program
Agreement provides JPA to reimburse the City of San Rafael and
Marin Recycling and Resource Association for the cost of the
Household Hazardous Waste Collection Program and the Battery, Oil
and Paint Program; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of San Rafael authorizes the City Manager to execute the
Agreement with the Marin County Solid and Hazardous Waste Joint
Powers Authority attached hereto.
UZra�e�Al U�x.
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
JEANNEPK. LLEE�ONCINI, Cit rk
Y
AGREEMENT
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 ("HHW") and conditionally exempt small quantity
generator waste ("CESQGW") (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 Manaaement of Auproved 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
COPY
3. Pavment of Household Hazardous Waste Onerational.
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 "A"
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 ( 3 0 ) 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. Conditionallv Exemot and Small Ouantitv 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 Aareement 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
3
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 Aareement -- 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.
4
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.
10. 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 Attornev'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. Governinq 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:
LEONC ; Ci y Clerk -
(Revised 11-7-96)
k,
JPA
J
:11 tu
Particioaqag J3iil ictiams•
County of Marin
City of Belvedere
Town of Corte Madera
Town ofFairfau
City ofLarlrspur
City of ]NO Valley
Town of Ross
Town of San Anselmo
City of San Rafael
City of Sausalito
Town of Tiburon
L',L"laJi+ u
JPA Program Costs
JPA Core Program & Household Hazardous Waste Proe-ams
Franchised Haulers # of Tons
Core Program
BOP
HHW
Total
Bay Cities
13431
$20,147
$10,403
$26,300
$56,849
Fairfax
4158
$6,237
$3,220
$8,142
$17,599
Marin Sanitary
53007
$79,511
$41,055
$103,795
$224,361
Mill Valley Refuse
28074
$42,111
$21,744
$54,973
$118,828
Novato Disposal
33272
$49,908
$25,770
$65,151
$140,829
San Anselmo
7271
$10,907
$5,632
$14,238
$30,776
Shoreline
6742
$10,113
$5,222
$13,202
$28,537
Tam CSD
2321
$3,482
$1,798
.$4,545
$9,824
Total Franchised Haulers
148276
$222,416
$114,843
$290,344
$627,603
Facilites
West Marin
3396
$5,094
$2,630
$6,650
$14,374
Redwood
22967
$34,451
$17,788
$44,972
$97,212
MSS Transfer Station
3722
$5,583
$2,883
$7,288
$15,754
MRRC
24796
$37,194
$19,205
$48.554
$104,953
54881
$82,322
$42,507
$107,464
$232.293
Total 1
2031571
$304,738 1
$157,350
$397,808
$859,896
{ Cost per ton
{
S1.50 {
$0.77 {
51.96 {
$4.23
'JPA Core Program & Household
Hazardous Waste Programs
-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
6742
$10,113
$6,245
$14,464
$30,822
Tam CSD
2321
$3,482
$2,150
$4,980
$10,611
Total Franchised Haulers
148276
$222,416
$106,518
$246,732
$575,666
Facilites
West Marin
3396
$5,094
$3,145
$7,286
$15,525
Redwood
22967
$34,451
$21,272
$49,274
$104,997
MSS Transfer Station
3722
$5,583
$3,447
$7,985
$17,016
MRRC
24796
$37,194
$22,966
$53,198
$113.359
54881
$82,322
$50,832
$117,743
$250,897
Total
2031571
$304,738 1
$157,3501
$364,475 1
$826,563
# of tons for calculation
203157
169885
$169,885
{ Cost per ton
{
51.50 {
$0.93 {
$2.15 {
j
{Total Cost of Three Programs
w/o Novato
$4.57 per ton
{Per unit Calculation of HHW Programs
(County wide @ 97500 est units
per
year
$5.69 per unit
{
per
month
$0.47 per unit
County wide excluding Novato ® 20000 est
units per
year
$6.73 per unit
per
month
$0.56 per
unit
MRR96A.XLS