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HomeMy WebLinkAbout2003-06-24; City Council; Resolution 2003-1631 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL AGREEMENT WITH WASTE MANAGEMENT, INC. WHEREAS, AB 939 mandates all jurisdictions in the State of California to provide for the safe collection, recycling, treatment, and disposal of hazardous wastes generated by households within the jurisdiction; and WHEREAS, AB 939 further requires all jurisdictions to prepare a Household Hazardous Waste Element which identifies program elements; and WHEREAS, the City Council of the City of Carlsbad desires to provide an alternative HHW disposal site to its residents, in addition to the Vista HHW disposal site currently available to Carlsbad residents; and WHEREAS, the City Council of the City of Carlsbad has determined it is in the City’s best interest to use the Waste Management, Inc., HHW facility as an option for the disposal of household hazardous waste and has appropriated sufficient funds in the 2003-04 operating budget for this program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The Household Hazardous Waste Collection and Disposal Agreement between the City of Carlsbad and Waste Management, Inc., a copy of which is attached hereto as Exhibit “A’, is hereby approved. Ill Ill Ill Ill Ill Ill 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 2: 24 2: 2€ 27 28 ATTEST: 3. The City Manager is authorized to execute the Household Hazardous Waste 2ollection and Disposal Agreement with Waste Management, Inc., and any subsequent 3mendments thereto related to service improvements or special events, on behalf of the City of 3arlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 24th dayof JUNE , 2003 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None Resolution NO. 2003-163, page 2 of 2 (SEAL) EXHIBIT A List of Acceptable Household Hazardous Waste Materials For purposes of this Agreement, Acceptable HHW means the following materials, to the generated solely at residential premises located in the City, and solely in connection with residential uses: Hazardous Waste Disposal ACCEPTABLE ITEMS: Aerosols All purpose cleaners Ammonia Antifreeze Automobile cleaners Barbecue lighter fluid Batteries (ALL) Brake fluid Chlorine Bleach Detergents Disinfectants Drain opener Furniture polish Gasoline Glass cleaner Herbicides Insecticides Mothballs Motor oil ' Oven cleaner Paint Paint thinner Pesticides Rubber cement Rughphols t er y cleaner Scouring powder Silver polish Toilet bowl cleaner Transmission fluid Tub/tile cleaner Turpentine varnish Water sealant Wood finish Pool cleaner *Residents may bring up to 15 gallons or 125 pounds of waste per visit. DO NOT bring explosives, radioactive, biomedical or business waste. *Carlsbad and Oceanside only. Bring proof of Residency (i.e. California driver's license, water bill. utility bill, etc.). HOURS OF OPERATION *Sat. 9:OOam-1 :OOpm.. .appointment required. 6 5 HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL AGREEMENT (Waste Management of North County) THIS AGREEMENT (the “Agreement”), is made and entered into this Management of North County, Inc. (“WMNC”), and the City of Carlsbad, a municipal corporation of the State of California (“City”), for the collection and disposal of Household Hazardous Waste (“HHW’). day of ,2003 by and between Waste Management of California, Inc. dba Waste Recitals WHEREAS, WMNC operates a HHW collection site for residents of the City of Oceanside, located at 2880 Industry Street, Oceanside, CA (the “Site”); and WHEREAS, the City desires that its residents be allowed to use the Site; and WHEREAS, the Site would provide residents of the City the ability to dispose of certain HHW generated at and from private residential uses, including, for example, used oil, pesticides, paint, car batteries, electronic equipment, etc.; and WHEREAS, the State of California Health and Safety Code requires counties and cities provide for the collection of HHW and conditionally exempt small quantity generator waste as a community service to ensure proper handling and disposal of the material and to prevent the potential contamination of solid waste landfills; and WHEREAS, having a convenient location for proper handling, transportation, treatment or disposal of certain HHW benefits all residents; and WHEREAS, the Site complies with all federal, state and local laws and regulations concerning the collection and disposal of HHW; and WHEREAS, the Site is located within the City of Oceanside, and the City of Oceanside has granted its permission for residents of the City to have access to and to use the Site; and WHEREAS, the costs for HHW service to the residents of the City is to be fully borne by the City. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, WMNC and the City agree to the following: 1. WMNC’s Obligations. 1.1. WMNC agrees to operate the Site in accordance with applicable federal, state and local laws and regulations. 1.2. Subject to the requirements of Sections 2 and 3, WMNC agrees to accept all deliveries of those materials listed in Exhibit A (“Acceptable HHW’) from residents of the City. 1.3. WMNC will document and maintain records of City residents using the Site, and of material accepted or rejected by WMNC. WMNC will send a copy of the California Integrated Waste Management Board Form 303 to the City monthly. 1.4. Following acceptance of Acceptable HHW from City residents, WMNC will provide for handling, transportation, treatment or disposal of Acceptable HHW in accordance with applicable federal, state, and local laws and regulations. 2. Access to and Use of the Site. WMNC will provide access to the residents of the City to the Site for the sole purpose of delivering Acceptable HHW for handling, transportation, treatment and/or disposal, in accordance with the following terms and conditions: 2.1. The Site will be open every other Saturday from 9:00 a.m. to 1 :00 p-m. (excluding any or every Saturday which falls within a holiday week). The following holidays are recognized by WMNC: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. WMNC agrees to open the facility for a third Saturday from 9:00 a.m. to 1:00 p.m. (excluding holiday weeks as described above) should the facility reach capacity for two consecutive Saturdays of operation. Full capacity is defined as 200 vehicles per day of operation. A fourth Saturday would be added (excluding holiday weeks) in the event three Saturday’s in a month reach full capacity for the site. 2.2. Use of, and access to, the Site will be by advance appointment only, made through WMNC’s Customer Service Department. Appointments must be made during regular business hours between 7:30 a.m. and 4:30 p.m., Monday through Friday, excluding holidays. 2.3. City residents will be required to show proof of residency (i.e. Driver’s license or utility bill) upon entering the Site and prior to WMNC’s acceptance of Acceptable HHW. 2.4. City residents may deliver, and WMNC will accept vehicle loads up to 15 gallons or 125 pounds of Acceptable HHW per vehicle entering the Site. 2.5. Deliveries of Acceptable HHW must be made exclusively at the Site. WMNC is not obligated to provide transportation of any Acceptable HHW to the Site from other locations. 2.6. The Site is available only to residents of the City for delivery of Acceptable HHW generated at residential premises located in the City, and in connection with residential uses, as described in Exhibit A, which is attached hereto and incorporated herein by this reference. WMNC reserves the right to reject any Acceptable HHW it reasonably believes was generated from locations other than residential premises located in the City, including but not limited to any commercial premises or commercial operations taking place at residential premises. 2 7 2.7 WMNC reserves the right to reject any deliveries of materials other than Acceptable HHW, any materials that cannot be accepted at the Site under its permits, approvals, or applicable federal, state and local laws and regulations, or any deliveries that fail to meet the requirements of this Section in its sole discretion. 3. Billinn and Payment. WMNC will bill the City, and City agrees to pay, $7 1.50 for each vehicle load of Acceptable HHW delivered to the Site by a resident of the City and accepted by WMNC. Billing will be quarterly in March, June, September and December. City shall pay WMNC within forty-five (45) days of receipt of bill. The billing from WMNC will indicate, at a minimum, the number of acceptable vehicle loads received from City residents on each day of operation, the price per vehicle load, the total price per day of operation equal to the price per vehicle load multiplied by the number of cars received, and the quarterly invoice total. Invoices should be sent to the address listed in Section 7, below. 4. Term and Termination. a. This Agreement shall commence on the execution date of this Agreement, above, and continue on a month-to-month basis until terminated as provided below. Either party may terminate this Agreement without cause or penalty upon thirty (30) days prior written notice to the other party. b. Either party may terminate this Agreement for cause upon written notice to the other party, following prior written notice of a material breach and an opportunity to cure of ten (1 0) days, from receipt of notice of material breach. c. WMNC will continue to accept delivery of Acceptable HHW from City residents to the Site up to and including the termination date in any written termination notice issued by either party. The City agrees to pay WMNC in accordance with Section 3, above, for all deliveries of Acceptable HHW delivered to the Site and accepted by WMNC up to and including the termination date of this Agreement. 5. Force Majeure. In the event that either party is prevented from performing its duties and obligations pursuant to this Agreement by circumstances beyond its control, including, without limitation, fires, floods, strike, labor dispute, acts of a governmental authority, or Acts of God (hereinafter referred to as “Force Majeure”), then the affected party shall be excused from performance hereunder during the period of such disability. The party claiming Force Majeure shall promptly notify the other when it learns of the existence of a Force Majeure condition and shall similarly notify the other within a period of two (2) days, excluding weekends and holidays, when the Force Majeure condition has terminated. 6. Assinnment and Subcontracting. This Agreement may not be assigned by either party without the written consent of the other, which consent shall not be withheld unreasonably nor required with respect to an assignment to an affiliate of WMNC. WMNC may from time to time engage one or more subcontractors in the course of its performance of its obligations under this Agreement without the consent of the City. 7. Notices. Any notice required or permitted by this Agreement shall be in writing and sufficiently given if delivered in person, delivered via facsimile, or sent by certified or registered mail, postage prepaid, to the notice address of the respective parties set forth in 5 8 8. 9. this Agreement. Either party will notify the other of any change of noticing address within ten (10) days of the change. The present addresses of the parties are: If to City: If to WMNC: City of Carlsbad Public Works Department 1635 Faraday Avenue Carlsbad, CA 92008 Attn: Solid Waste Administrator Fax: (760) 602-8562 Waste Management of North County 2141 Oceanside Blvd. Oceanside, CA 92054-4405 Attn: District Manager Fax: (760) 754-4180 Indemnification. WMNC agrees to indemnify and hold the City, its officers, agents and employees harmless from liability for injuries to any persons, or damage to any property, directly or indirectly caused by WMNC’s acceptance of Acceptable HHW, as defined in Exhibit A, delivered to the Site by City residents. Insurance. WMNC agrees to obtain, and maintain, in full force and effect all necessary insurance coverage required by federal, state and local law for the operation of the Site during the Term of this Agreement. 10. Governing Law. This Agreement shall be construed under and in accordance with the laws of the State of California. The parties agree that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is San Diego, California. 1 1. Headings. The headings in this Agreement are intended for convenience and identification only, are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this Agreement or any provision hereof, and shall be disregarded in the construction and enforcement of this Agreement. 12. Severability. Every provision of this Agreement is intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder hereof, and any such term or provision shall be modified or deleted in such manner so as to make the agreement as modified legal and enforceable under applicable law. 4 13. Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to other rights the parties may have by law, statute, ordinance or otherwise. 14. Waiver. A waiver of the breach of any term or condition herein shall not be deemed a waiver of any succeeding breach of the same or other term or condition. No waiver shall be deemed to have been given unless made in writing and provided to the other party in accordance with Section 7, above. 15. Entire Aaeement. This Agreement, and the exhibit(s) attached hereto, constitute the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, oral or written, relative to said subject matter. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. IN WITNESS WHEREOF, City and Waste Management of North County have executed this Agreement as of the day and year first above written. CITY OF CARLSBAD, a municipal Corporation of the State of California WASTE MANAGEMENT OF CALIFORNIA, INC. dba: WASTE MANAGEMENT OF NORTH COUNTY, INC. Raymond R. Patchett City Manager J District Manager 5 ASSISTANT SECRETARY’S CERTIFICATE WASTE MANAGEMENT OF CALIFORNIA, INC. d/b/a Waste Management of North County The undersigned, being the Assistant Secretary of Waste Management of California, Lnc., a California corporation (“the Company”), do hereby certify that the following resolution was adopted by the Board of Directors of the Company and that such resolution has not been amended, modified or rescinded and is in full force and effect as of the date hereof: RESOLVED, that John Lusignan (District Manager) or any officer of the Company be and hereby are authorized, following compliance with appropriate corporate policies and procedures, to execute by and on behalf of the Company any and all agreements, instruments, documents or papers, as they may deem appropriate or necessary, pertaining to, or relating to the 2003 Household Hazardous Waste Collection and Disposal Agreement between the Company and the City of Carlsbad, California, and that any such action taken to date is hereby ratified and approved. Dated: March 022,2003 TC. Woods 1 Assist ant Secretary