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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 Page 1 of 2 C 11 Pi 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 Q't� Page 2 of 2