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Home My Public Portal AboutORD15096BILL NO. 2012 -151 SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR JOINT FUNDING OF THE HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY WITH THE COUNTY OF COLE WHEREAS, the City of Jefferson and Cole County accepted a grant in 2012 from the Mid - Missouri Solid Waste Management District to operate a household hazardous waste facility; and WHEREAS, the grant agreement stipulates operation of the household hazardous waste collection facility for a period of three (3) years following completion of the start- up grant. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute an agreement with the County of Cole, Missouri to jointly fund the household hazardous waste collection facility. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Approved: Mayor a///'7 APPROVED AS TO FORM: ity Counselor i AGREEMENT FOR FUNDING OF HOUSEHOLD HAZARDOUS WASTE FACILITY THIS CONTRACT, made and entered into thisA day of .h b , a:7i3 , by and between the City of Jefferson, hereinafter called "City" and the County of Cole, Missouri hereinafter called "County." WITNESSETH: WHEREAS, both parties wish to support the household hazardous waste facility available to the citizens of Cole County, Missouri for the drop off of household hazardous wastes. NOW, THEREFORE, the City of Jefferson and the parties to this agreement agree to the following; 1. Joint Project. The City and County agree to jointly fund a household hazardous waste facility (the "facility ") which will be located on City property on Hyde Park Road, for the purpose of receiving household hazardous waste from citizens of Cole County, Missouri. 2. Facility Management. The City shall own and operate the facility and accepts all liability for operation of said facility. The facility shall accept household hazardous wastes, as defined on exhibit A, from any resident of Cole County Missouri. 3. Removal of waste from the Facility. The City shall contract with a third party for the removal of household hazardous waste from the facility. 4. Staffing of Facility. The parties have agreed as part of a grant agreement that they will jointly staff the facility. The parties shall confer and agree as to the most advantageous schedule for staffing. 5. Term of the Agreement. This agreement shall be in full force and effect for one year from the date of this agreement. 6. Renewal. This agreement shall renew yearly unless either party gives four months written notice that they wish to terminate the agreement. The parties have both agreed as a condition of grant funding that they shall operate the facility for four years. 7. Financial Contributions. County shall contribute five thousand five hundred dollars ($5,500) to the cost of the project. This amount will be increased upon renewal of the contract only if the cost associated with the removal of household hazardous waste, identified in paragraph 3, increases. City will bear all additional costs not identified in this agreement. 8. Payment by County. Unless otherwise agreed upon to the contrary, the County shall pay the City within 30 days of the date of this agreement. 9. Annual Accounting. City shall provide an annual accounting to the County of the amount of Household Hazardous Waste received at the facility. 10. Termination due to failure to fund. Either party may cancel the agreement immediately if the governing body of either side fails to fund the parties' share of this agreement in their annual budget. 11. Notices. All notices required or permitted hereunder and required to be in writing may be given by first class mail. If to City, notice shall be sent to the City Administrator at 320 East McCarty, Jefferson City, Missouri 65101. If to the County, notice shall be sent to the Commission at the Cole County Annex, 311. E. High St., Jefferson City 65101 12. The date of delivery of any notice shall by the date falling on the second full day after the day of its mailing. 13. Agreement Binding. This agreement is to be binding on the successors and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. 14. Force Majeure. Neither party shall be liable for its failure to perform hereunder due to any contingency beyond its reasonable control, including acts of God, fires, floods, wars, sabotage, accidents, labor disputes or shortages, governmental laws, ordinances, rules and regulations, whether valid or invalid (including, but not limited to, priorities, requisitions, allocations, and price adjustment restrictions), inability to obtain material, equipment or transportation, and any other similar or different contingency. The party whose performance is prevented by any such contingency shall have the right extend any time of completion required herein until such time as the contingency shall have passed. 15. Applicable Law. The Laws of the State of Missouri shall govern the validity, performance, and enforcement of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year indicated below. Executed this j day of 2013 on behalf of the City ofJefferson, Missouri Eric Struemph. Mayor Atte . t- Phyllis_Powell, City Clerk Executed thiso77 day of 2013 on behalf of e County of Cole County Clerk Approved as to Form Drew W. Hilpert, City Counselor Commissioner Attest: I County Cler CERTIFICATION OF AUDITOR As Auditor for Cole County, I do hereby certify that there is a balance otherwise unencumbered to the credit of the appropriation to which it is to be charged and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet the obligation incurred to th- ity o Jefferson. ttika tO County Auditor Exhibit A Accepted Items Acid Adhesives & Glues Aerosol Cans Ammonia Antifreeze Art/Hobby Paints Bases (Chemicals) Batteries: NiCd & NiMH Batteries: Rechargeable Batteries: Car Bleach Brake Fluid Capacitors Caulk Car Wax/Cleaners Charcoal lighter fluid CFCs & HCFCs Disinfectants Drain Opener Fabric Dyes Fertilizer Fingernail Polish /Removers Flea Collars Fluorescent Tubes Furniture Polish /Waxes Gas Cylinders Gasoline Insecticides Insect Repellants & Poison Kerosene & Fuel Oils Lead Light Bulbs Lighter Fluid Lubricating Oils Mothballs Motor Oil Organic Solvents Oven Cleaner Paint: Oil-Based Paint Stripper: Alkali -Based Paint Stripper: Solvent -Based Paint Stripper: Water -Based Accepted Items Pesticides Pet Sprays /Dips Photographic Chemicals Propane Cylinders /Handheld Rat /Mouse Poison Septic Tank Cleaners Shoe Polish /Wax Spa Care Chemicals Spot Removers Swimming Pool Chemicals Toilet Bowl Cleaners Transmission Fluid Tub/Tile Cleaner Varnish Windshield Wiper Fluid Wood Preservatives Wood Stain Yard Waste Items Not Accepted Ammunition Appliances Asbestos Biological, Infectious and Medical Wastes Commercial Waste Explosives Latex Paint Needles BBQ Sized Propane Tanks Smoke Detectors Tires Yard Waste Mercury Radioactive Waste Tires Unknown Substances