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Home My WebLink About2008 CON Regional Solid Waste Association - TerminationAGREEMENT FOR TERMINATION OF SPECIAL CONTRACT BETWEEN THE REGIONAL SOLID WASTE ASSOCIATION AND THE CITY OF NATIONAL CITY This Agreement for Termination of Special Contract is entered into by and between the Regional Solid Waste Association ("RSWA"), a joint powers authority, and the City of National City ("National City"), a municipal corporation. RECITALS A. The Regional Solid Waste Association ("RSWA") was established in September 1997 pursuant to the Regional Solid Waste Association Joint Powers Agreement ("Joint Powers Agreement") dated September 1, 1997. 8. The City of National City ("National City"), pursuant to City Council Resolution No. 97-118, approved National City becoming a member of RSWA as a Special Contract Party in accordance with Section V of the Joint Powers Agreement. C. On September 16, 1997, the Joint Powers Agreement was executed on behalf of National City. D. Subsequently, the Special Contract Between RSWA and National City ("Special Contract"), dated July 1, 1998, was entered into, through which National City became obligated to perform the duties and entitled to exercise the rights of a PARTY to the Joint Powers Agreement, except as expressly modified by the Special Contract. E. The express modifications of the Special Contract related generally to the development of, use of, payment for, operation of and RSWA voting rights relating to a solid waste transfer station then proposed to be located in northern San Diego County. F. Ultimately, the proposed solid waste transfer station was not developed by RSWA. RSWA has no present intent to pursue development of such a transfer station. Page 1 of 3 2/7/2008 11:51 AM 559499.1 G. As a result, National City and RSWA intend to terminate the Special Contract in order to (a) eliminate any special contract limitations on the duties and rights of National City as a member of RSWA and (b) confirm National City's full participation in RSWA in accordance with the Joint Powers Agreement. NOW, THEREFORE, based on the mutual promises contained herein, National City and RSWA hereby agree as follows: 1. The Special Contract Between RSWA and National City shall be deemed terminated effective April 3, 2008. 2. National City and RSWA acknowledge and agree that, as of April 3, 2008, National City shall, in all respects and without limitation, be obligated to perform the duties and entitled to exercise the rights of a PARTY to the Regional Solid Waste Association Joint Powers Agreement dated September 1, 1997. 3. National City hereby reaffirms and ratifies, without any special contract limitations, its September 16, 1997 execution of the Regional Solid Waste Association Joint Powers Agreement dated September 1, 1997. 4. The Recitals above are hereby incorporated in this paragraph as though fully set forth herein and each party to this Agreement acknowledges and agrees that such party is bound, for purposes of this Agreement, by the same. CITY OF NATIONAL CITY Dated: February 19, 2008 B Ron Morrison , Mayor Page 2 of 3 2R/2008 11:51 AM 559499.1 ATTESTATION AND CERTIFICATE: I hereby certify that this Contract is executed by the Mayor of the City of National City in accordance with the authority granted on frRRvllP tf 14 , 2008 by action of the City Council of the City of National City taken at a properly noticed meeting of the City Council. Dated: fAttoMY /y , 2008 By: h� 4 , City Clerk , 2008 ATTESTATION AND CERTIFICATE: REGIONAL SOLID WASTE ASSOCIATION By: tiBn Abas btel j UIce- Citalyti I hereby certify that this agreement is executed by the Chairman of the Board of Directors of the RSWA in accordance with the authority granted on 2008 by Board of Directors action taken at a properly noticed meeting of the Board of Directors. Dated: 5720/ , 2008 559499.1 By: c-‘240.A1�S B ecretary Page3of3 2/7/2008 11:51 AM RESOLUTION NO. 2008 — 35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR TERMINATION OF THE SPECIAL CONTRACT BETWEEN THE REGIONAL SOLID WASTE ASSOCIATION AND THE CITY OF NATIONAL CITY, AND RESCINDING RESOLUTION NO. 97-118 WHEREAS, the Regional Solid Waste Association ("RSWA") was established in September, 1997, as a joint powers agency formed by several cities in San Diego County, including National City, in order to find a solution to the disposal of solid waste by member cities after the County ceased performing that function; and WHEREAS, Resolution No. 97-118, adopted on September 16, 1997, authorized the City to join RSWA as a "Special Contract Party", and the City subsequently entered into a "Special Contract" with RSWA. National City held this status because it had opted out of the transmittal of its solid waste to the Vista Transfer Station, which was being considered at that time; and WHEREAS, because the Vista Transfer Station Project has since been abandoned by RSWA, there is no longer any reason for National City to have Special Contract Party status. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City and RSWA terminating the Special Contract, thus eliminating the City's Special Contract Party status. BE IT FURTHER RESOLVED that Resolution 97-118, which had initially authorized the Special Contract, is hereby rescinded. PASSED and ADOPTED this 19th day of February, ATTEST: Mic ael R. Dalla, City Clerk Ron Morrison, ayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, Califomia, on February 19, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Zarate, Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 1AliAL City CI k of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-35 of the City of National City, Califomia, passed and adopted by the Council of said City on February 19, 2008. City Clerk of the City of National City, California By: Deputy co City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE February 19, 2008 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR TERMINATION OF THE SPECIAL CONTRACT BETWEEN THE REGIONAL SOLID WASTE ASSOCIATION AND THE CITY OF NATIONAL CITY, AND RESCINDING RESOLUTION NO. 97-118 PREPARED BY George H. Eiser, III DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please see attached memorandum. Environmental Review )1 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 'a o 0 • 3 S Memorandum Proposed Agreement Resolution A-200 (9/99) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 20, 2008 Ms. Lin Wurbs Regional Solid Waste Association 4444 Algeciras Street San Diego, CA 92107 Dear M urbs, On February 19, 2008, Resolution No. 2008-35 was passed and adopted by the City Council of National City, authorizing the Mayor to execute an agreement for termination of the special contract with Regional Solid Waste Association. We are forwarding a certified copy of the above Resolution and two partially executed original agreements. Please return one fully executed original agreement to us for our files. Sincerely, .4,1/th Michael R. Dalla, CMC City Clerk Enclosures eRecycled Paper