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Home My WebLink AboutFD Hazardous Waste Collection Program Agreement Extension____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: April 6, 2020 Disposition: Resolution 14780 Agenda Item No: 4.e Meeting Date: April 6, 2020 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: FIRE Prepared by: David Catalinotto, Environmental Management Coordinator City Manager Approval: ______________ TOPIC: HAZARDOUS WASTE COLLECTION PROGRAM EXTENSION SUBJECT: RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR EXTENSION OF THE AMENDED HAZARDOUS WASTE COLLECTION PROGRAM AGREEMENT WITH THE MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIATION (MRRRA) RECOMMENDATION: Adopt the resolution and the extension of the Hazardous Waste Program Funding Agreement. BACKGROUND: On September 14, 1995, the City and MRRRA entered into the original Hazardous Waste Collection Program Agreement which allowed for the creation of the permanent Household Hazardous Waste Facility and the Conditionally Exempt Small Quantity Generator (CESQG) Program. The Hazardous Waste Collection Program Agreement was originally adopted to prevent household hazardous waste (HHW) and CESQG waste from ending up in landfills, being illegally dumped into water ways, causing injury to residents and sanitation workers, and causing fires. The City, Marin County Hazardous and Solid Waste Management Joint Powers Authority (JPA), MRRRA, and all municipalities in Marin County, except Novato, collaborated in an effort to collect and properly dispose of HHW and prevent it from becoming a danger to the public and the environment. The hazardous waste collection program has been extremely successful and diverts thousands of pounds of hazardous waste per week. The original 1995 Collection Agreement was amended by the City and the JPA in 2012. On January 26, 2012, the Amended Hazardous Waste Collection Program Agreement went into effect. The amendments to the Agreement included: new definitions, specific responsibilities for City and MRRRA, a new Door-to-Door Universal Waste Pick-up Program, a term length to continue through the Fiscal Year 2020, compensation and rental expenses, employee qualifications, specific additional State- mandated documentation, a certified audit of MRRRA records, and a requirement for MRRRA to operate within the approved budget. ANALYSIS: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Staff has collaborated with MRRRA and the JPA to extend the Agreement for one year (with automatic one-year renewals incorporated if necessary) via a First Amendment. This approach allows for alignment with the City’s funding agreement with the JPA, which also is being considered for a one-year term extension. The JPA requests that the City approve the extension to the collection agreement before its planned April 23, 2020 Executive Committee meeting in order to ensure that renewal of the funding agreement occurs before the June 30, 2020 termination date. Failure to approve an extension in a timely fashion could result in suspension of the Household Hazardous Waste collection program for Marin residents outside Novato. FISCAL IMPACT: The City will continue to be reimbursed for the costs of the services provided under this extended Agreement pursuant to the Amended Hazardous Waste Funding Agreement with the Marin County Hazardous and Solid Waste Management Joint Powers Authority being considered for a one-year term extension by Separate Resolution. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt resolution as presented. 2. Adopt resolution with modifications. 3. Take no action and allow the agreement to expire. RECOMMENDED ACTION: Adopt the Resolution ATTACHMENTS: 1. Resolution 2. Draft First Amendment to Amended Hazardous Waste Collection Program Agreement - 1 - RESOLUTION NO. 14780 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR EXTENSION OF THE AMENDED HAZARDOUS WASTE COLLECTION PROGRAM AGREEMENT WITH THE MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIATION (MRRRA) WHEREAS, on September 5, 1995, pursuant to Resolution No. 9448, the City Council approved and entered into a Hazardous Waste Collection Program Agreement (“Collection Agreement”), dated September 14, 1995, with Marin Recycling and Resource Recovery Association (“MRRRA”), 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 17, 2012, pursuant to Resolution No. 13282, the City Council approved and entered into the Amended Hazardous Waste Collection Program Agreement (“Amended Agreement”) dated January 26, 2012, with MRRRA, pursuant to which the 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 by one year and to provide for optional one-year renewals; and WHEREAS, the City Council approves the waiver of competitive bidding with respect to this Agreement pursuant to San Rafael Municipal Code Section 2.55.070 in order to allow MRRRA to continue to provide the City with the required services at its modernized facility at 565 Jacoby Street, in compliance with its funding agreement with the California Integrated Waste Management Board; NOW THEREFORE, BE IT RESOLVED that the San Rafael City Council authorizes and empowers the City Manager to execute in the name of the City of San Rafael a First Amendment to the Amended Hazardous Waste Collection Program Agreement with the Marin Recycling and Resource Recovery Association, extending the term of the agreement by one year, with optional automatic one-year renewals, in a form approved by the City Attorney. BE IT FURTHER RESOLVED that the City Council finds that the actions taken by this Resolution are exempt from review under the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 1506l(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. - 2 - I, LINDSAY LARA, 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 April 2020 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk FIRST 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