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HomeMy WebLinkAboutRegional Solid Waste Association; 2000-08-01;- B Y Attachment A Inter-Jurisdiction Agreement REGIONAL SOLID WASTE ASSOCIATION HOUSEHOLD HAZARDOUS WASTE INTER-JURISDICTIONAL USE AGREEMENT FOR THE FACILITY LOCATED IN THE CITY OF VISTA THIS AGREEMENT (the “Agreement”), made and entered in’to this 1st day of August , 2000 by and between Regional Solid Waste Association (“RSWA”), a joint powers agency and City of Carlsbad (“Participating Jurisdiction”). (Name of Participating Jurisdiction) Recitals WHEREAS, RSWA has contracted with EDCO Disposal Services (“EDCO”) for the operation of a regional permanent household hazardous waste collection facility (the “Facility”) in the City of Vista that is available to residents within the County of San Diego; and WHEREAS, EDCO has subcontracted with Philip Industrial Services; to operate the Facility; and WHEREAS, the Facility will provide residents of San Diego County the ability to dispose of household hazardous waste; and WHEREAS, the proper disposal of household hazardous waste benefits all residents of the County of San Diego; and WHEREAS, the Facility is required to comply with all federal, state and local laws and regulations concerning the disposal of household hazardous waste; and WHEREAS, Participating jurisdiction agrees to share in the cost of operating the Facility according to the number of residents that use the Facility. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, RSWA and Participating Jurisdiction agree as follows: 1. The above recitals are true and correct. 2. RSWA shall contract with EDCO for the collection and disposal Duties. of household hazardous waste and to operate the Facility in accordance with all applicable federal, state and local laws and regulations. The parties acknowledge that EDCO will subcontract with a licensed contractor to provide HHW services, which are the subject of this agreement. RSWA shall require contractor to document and maintain records of individuals using the Facility and provide Participating Jurisdiction access to records for review. Facility shall be open every Saturday, excluding legal holidays. RSWA reserves the right to close the Facility on any Saturday if necessary for RSWA’s administrative convenience or for operational reasons. 3. Term. This agreement shall commence on the date stated above and continue on a month to month basis until terminated. Either party may terminate this agreement upon thirty (30) days prior written notice to the other party. RSWA will continue to allow residents from Participating Jurisdiction to dispose of household hazardous waste at the Facility up to the termination date in the notice and Participating Jurisdiction agrees to reimburse RSWA for those residents disposing of household hazardous waste between the time of filing the notice and the termination date. 4. Billings and Pavment. Each month EDCO’s subcontractor shall bill Participating Jurisdiction a flat fee of $75 for each vehicle load of household hazardous waste material disposed of by a resident of the Participating Jurisdiction. Participating Jurisdiction shall pay the subcontractor within thirty (30) days of receipt of bill. 5. Disnute. If a dispute should arise regarding the performance of this Agreement, the parties hereby agree to attempt to settle the dispute by subsequent agreement between the subcontractor’s staff and Participating Jurisdiction’s staff In the event that a dispute continues, a representative of the Participating Jurisdiction’s staff and the subcontractor’s staff shall state their respective views of the dispute in a letter to the RSWA General Manager, sending copies to each other. The RSWA General Manager shall within ten (10) days of receiving letter from both parties, consider the facts and solutions recommended by each party. In such cases, the action of the RSWA General Manager shall be binding upon both the subcontractor and the Participating Jurisdiction. Nothing in this procedure shall prohibit the parties from seeking remedies available to them at law. 6. Oral Agreements. No oral agreement or representation by an officer, agent, or employee of either party or the contractor (EDCO) or the subcontractor (Philip), made before, during or after the execution of this Agreement shall become part of this Agreement except to the extent such oral agreement or representation is expressly reflected in this written Agreement or a written amendment to this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day and year first above written. PARTICIPATING JURISDICTION General Manager Ray Patchett, City Manager Name and Title APPROVED AS TO FORM City Attorney By: 1\;& 4 / I ’ City of EnciniZds - August 15,200O Ms. Julie Ross Management Analyst City of Carlsbad 405 Oak Avenue Carlsbad, California 92008-3009 Dear Julie: Enclosed is one executed original HHW Use Agreement with the Regional Solid Waste Association for your files. If you should have any questions, please feel free to give me a call at (760) 633-2763. Sincerely, Lin Wurbs Public Works Director TEL 760-633-2600 I FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 recycled paper