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Res21 15992
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Res21 15992
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Last modified
10/12/2021 2:48:55 PM
Creation date
10/12/2021 2:48:37 PM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
10/11/2021
Description
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY APPROVING THE SB 1383 MEMORANDUM OF UNDERSTANDING WITH THE SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY (SBWMA) TO ALLOW SBWMA TO PERFORM SB 1383 RELATED DUTIES AND RESPONSIBILITIES ON BEHALF OF SBWMAS MEMBER AGENCIES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SB 1383 MEMORANDUM OF UNDERSTANDING AND MAKE ANY MINOR, CLARIFYING AND CONFORMING CHANGES APPROVED BY THE CITY ATTORNEY
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4. Responsibilities of the Jurisdictions. <br />(a) The Jurisdictions shall assume responsibility for all other requirements <br />specified for Jurisdictions in the Regulations not expressly stated to be covered by the Agency <br />in this MOU. <br />(b) Sharing of information. Within thirty (30) days of request by the Agency, <br />or as soon as such information is available to the Jurisdictions, the Jurisdictions shall share <br />with the Agency all data, documents, contact information for Generators within the Jurisdiction, <br />or any other information necessary for the Agency to carry out the responsibilities listed in this <br />MOU. <br />(c) Staff and funding. In order for the Agency to carry out its responsibilities <br />in connection with the administration and implementation of the SB 1383 Regulations as <br />specified in this MOU, costs shall be jointly shared by participating Jurisdictions through the <br />garbage tipping fee rate. Budget changes related to this MOU will be integrated into the <br />Agency's regular budget process, as approved by the Board of Directors. <br />5. Indemnification/Hold Harmless. Agency shall indemnify, defend, and hold <br />harmless the Jurisdictions, their legislative bodies, officials, consultants, agents, and <br />employees from and against any and all loss, damages, liability, claims, suits, costs and <br />expenses, including reasonable attorney's fees, arising from Agency's performance of this <br />MOU, with the exception of matters that are based upon the negligent or intentional acts or <br />omissions of the Jurisdictions, their legislative bodies, officials, consultants, agents and <br />employees. <br />6. Withdrawal of Jurisdictions; Termination by Agency. Any Jurisdiction may <br />withdraw as a Party to this MOU upon giving one hundred and eighty (180) calendar days' prior <br />written notice to the other Parties. Further, the Agency may terminate this MOU upon giving <br />three hundred and sixty-five (365) days' prior written notice to the Jurisdictions. <br />(a) Upon termination of this MOU, the Agency shall have no further obligations <br />to carry out the Agency Responsibilities as described in this MOU. The Agency will provide the <br />Jurisdiction all records related to the Implementation Record (§ 18995.2). If a Jurisdiction <br />withdraws from this MOU, the Jurisdiction will be required to pay the Agency, for its full portion <br />of expense and consultant contract costs, to conduct the services described in Section 3 under <br />this MOU including costs generated through the end of the Agency's fiscal year of the <br />Jurisdiction withdrawal. <br />(b) The costs of services under the MOU will be reapportioned to the <br />remaining Jurisdictions. Reapportioned costs will be brought to the SBWMA Board of Directors <br />through the regular budgeting process. <br />7. Notice. During the Term of this MOU, all notices shall be made in writing and <br />either served personally, sent by first class mail, or sent by email provided confirmation of <br />delivery is obtained at the time of email transmission, addressed as follows: <br />REV: 09-28-2021 MI <br />
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