HomeMy WebLinkAboutCC Resolution 11658 (Household Hazardous & Solid Waste Mgmt 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
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
Mann 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. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a re lar meeting of the
City Council of said City held on Mondav, the 1 S t day of November. 2004 by the following
vote, to wit:
AYES: COUNCILMEM 3ERS: Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen and Phillips
JE M. LEONCINI, City Clerk 1b
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 i day of J3ooe,W,.6c 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:
Pavment 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
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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"
City of San Rafael
By:
R D GGULD, city 11anager
ATTEST:
APPROVED: J A itf.-Io LEO C J City
lounty Counsel
FAWa9le\MFros1UPA1,SECOND ADDENDUM TO AGREEMENT.doc
"JPA"
Marin County Hazardous and Solid Waste
Joint Powers Authority
Clerk
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