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HomeMy WebLinkAboutResolution-1995-1504 RESOLUTION NO. 1 S04 Series of 1995 TITLE: RESOLUTION APPROVING SECOND AMENDMENT OF INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY, CITIES OF LAKEWOOD, ARVADA, WHEAT RIDGE, AND OTHER MUNICIPALITIES RELATING TO THE CREATING OF A HOUSEHOLD HAZARDOUS WASTE STORAGE AUTHORITY WHEREAS, by Resolution No. 1347, amended by Resolution No. 1367, the City of Wheat Ridge approved an Intergovernmental Agreement with Jefferson County, cities of Lakewood, Arvada, and other municipalities, relating to the creation of a Household Hazardous Waste Storage Authority; and WHEREAS, the parties intend to modify the IGA so the Authority can better serve its purposes; and WHEREAS, Section 14.2 of the Home Rule Charter of the city of Wheat Ridge requires that all intergovernmental agreements entered into by the City be approved by resolution; and WHEREAS, the city council of agreed to enter into the attached intergovernmental agreement. the city of Wheat Ridge has second amendment to the NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of Wheat Ridge, Colorado, as follows: 1. That certain second amendment to intergovernmental agreement between the city of Wheat Ridge, the cities of Arvada, Lakewood, and other municipalities, and the County of Jefferson, regarding modifying the IGA creating a Household Hazardous Waste storage Authority, pertaining to recycling, the employment of a full time facility manager, and a drop and swap program, which is attached hereto, is hereby approved. 2. The Mayor and City Clerk are authorized to execute said Intergovernmental Agreement. DONE AND RESOLVED this 11th day of December, 1995. ATTESr: , )1 # /' lq ), Wanda Sang, I , , ~JJ~ Dan Wilde, Mayor SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT CREATING A HOUSEHOLD HAZARDOUS WASTE STORAGE AUTHORITY THIS SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT, dated for reference purposes only this ____ day of , 1995, is made and entered into by and between Jefferson County, the City of Lakewood, the city of Arvada, the City of Edgewater, the City of Golden, the city of Lakeside, the Town of Morrison, the Town of Mountain view, the city of westminster, and the City of Wheat Ridge (hereinafter referred to as "the Parties"). WITNESSETH: WHEREAS, the Parties entered into an Intergovernmental Agreement Creating a Household Hazardous Waste storage Authority, dated April 21, 1993, as amended by First Amendment in September, 1993 (as so amended, the "IGA"), to construct and operate a household chemical storage facility for the temporary storage of household hazardous waste, police property waste, and orphaned hazardous waste (prior to off-site disposal or other appropriate disposition) i and WHEREAS, the Parties intend to modify the IGA so the Storage Authority can better serve its purposes, NOW, THEREFORE, for and in consideration of the covenants and conditions set forth herein, and for other good and valuable consideration, the sUfficiency of which is hereby acknowledged, the parties agree that the IGA shall be, and hereby is, amended as follows: section 1. section V, Paragraph A, of the IGA is amended by deleting the first sentence from said paragraph which first sentence reads as follows: "Subject to the Management Committee's direction, the Contractor will be the sole operator of the HHW portion of the facility." section 2. Section V, Paragraph C, of the IGA is amended to read as follows: "The Parties understand and agree that the Contractor may periodically pick up household hazardous wastes from temporary collection areas in the City of Westminster and other locations which may be named at a later date. The Contractor shall be responsible for sampling, storage, packaging, transportation, and offsite disposal of household hazardous wastes that are collected. The Contractor will use its own EPA ID number to transport and dispose of said HHW collected and stored at the facility. Notwithstanding anything to the contrary in this Agreement regarding the contractor's duties and obligations, the Authority may, in its discretion, provide for the recycling of HHW and/or provide for product reuse and exchange programs, commonly known as drop and swap programs." section 3. Section VI of the IGA is amended by adding a new Paragraph H to read as follows: "Notwithstanding anything to the contrary in this Agreement regarding the Contractor's or the Authority's duties and obligations pertaining to the storage facility, the Authority may hire a facility manager other than the Contractor for day-to-day management of the storage facility." section 4. This Amendment may be signed in counterparts and each counterpart shall be deemed an original and all the counterparts taken as a whole shall constitute one and the same instrument. Section 5. unchanged. All other provisions of the IGA shall remain IN WITNESS WHEREOF, the Parties have executed this SECOND AMENDMENT. PFK\G73\123226.3 S I G N A T U R E P AGE SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CREATING A HOUSEHOLD HAZARDOUS WASTE STORAGE AUTHORITY AS SET FORTH IN RESOLUTION 1504 OF THE CITY OF WHEAT RIDGE. IN WITNESS WHEREOF, the parties have set their hand and seal on the ~ day of December, 1995. CITY OF WHEAT RIDGE ~~ DAN WILDE, MAYOR ATTEST: I -- ../) j . .- '--", ( '.c. . ,. ' WANDA SANG, CITY CLERK APPROVED AS TO FORM: . / / '1/ //'/ ~( ~. -p~d_(I:( ft, ~>fL/ ' City Attorney