HomeMy WebLinkAboutRegional Solid Waste Association; 2005-07-07;AMENDMENT NO.2 TO REGIONAL SOLID WASTE ASSOCIATION HOUSEHOLD
HAZARDOUS WASTE INTER-JURISDICTIONAL USE AGREEMENT FOR THE FACILITY
LOCATED IN THE CITIES OF POWAY AND VISTA
This Amendment No.2 is entered into and effective as of the ^0 day of
/O^kL/iut-* 2010, amending the agreement dated July 7, 2005 (the "Agreement")
by andI Mbtween the Regional Solid Waste Association, ("RSWA"), a joint powers agency, and
the City of Carlsbad, a municipal corporation, ("City"), for the purpose of reimbursing Philip
Services Corporation ("PSC") for its costs incurred in the door-to-door collection, the drop-off
collection and the special event collection programs for Carlsbad residents and supersedes the
Amendment dated 2/8/2006.
The Parties have negotiated and agreed to a five (5) year amendment and fee schedule, which
is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee.
The Agreement may be terminated by either the City or RSWA upon 30 days written notice to
the other party. This Amendment represents the entire agreement of the parties with regard to
reimbursement of costs for door-to-door, drop-off and the special event collection and disposal
services performed by PSC in the City. This MOU incorporates, by this reference, the
applicable terms and conditions of the RSWA HHW Inter-Jurisdictional Use Agreement for the
Facility located in the Cities of Vista and Poway dated July 7, 2005 between the City of Carlsbad
and RSWA, as the Agreement may be amended from time to time. This Agreement may be
amended only by a writing executed by the parties hereto. The Agreement terminates on June
30, 2015.
The persons signing this Amendment represent and warrant that they are authorized to do so
on behalf of their respective party.
RSWA, a joint powers agency
By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
By;
here)City Manager
Lin Wurbs General Manager - RSWA
(name/title)
Lin@RSWA.info
(e-mail address)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
ATTEST:
LORRAINE M. WOOD
City ClertJ ^-^
Deputy City Attorney
City Attorney Approved Version #05.22.01
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
City and RSWA agree as follows:
The parties have renegotiated the fee schedule as follows:
1. The cost of the door-to-door collection is $85 for each collection in FY 2010-11 & FY
2011-12; which cost increases to $88 for FY 2012-13 through FY 2014-15. The Door to
Door collection and disposal program is billable to the City at a cost of $75 for fiscal year
2010-11 and 2011-12; and will increase to $78 for fiscal years 2012-13 through 2014-15.
There will be a reduced charge of $50 for universal waste only service and sharps only
service per door-to-door collection; and no charge for E-Waste (electronic waste) only
service or batteries (all chemistries) only service per door-to-door collection. Each
resident using door-to-door service will pay a $10.00 co-pay directly to PSC upon
collection of their HHW.
2. The Drop off collection and disposal program at the RSWA facilities located in Vista and
Poway is billable to the City at a cost of $75 per car load for fiscal year 2010-11 and
2011 -12; and will increase to $77 for fiscal year 2012-13, $80 for fiscal year 2013-14 and
$82 for fiscal year 2014-15; and there will be no charge for universal waste only loads,
sharps only loads, E-Waste (electronic waste) only loads and batteries (all chemistries)
only loads disposed of at the facility.
3. The Special Event collection and disposal program is billable to the City at a cost of $90
per vehicle load. PSC will work with city staff in selecting an appropriate site, in
obtaining the necessary permits, and scheduling the collection event. PSC will be
responsible for the disposal of the HHW, and any incidentals required to operate the
event.
City Attorney Approved Version # 05.22.01
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF CARLSBAD AND THE REGIONAL SOLID WASTE ASSOCIATION
HOUSEHOLD HAZARDOUS WASTE INTER-JURISDICTIONAL USE AGREEMENT
This agreement between the City of Carlsbad ("City") and the Regional Solid Waste
Association ("RSWA") is for the purpose of reimbursing Clean Harbors Environmental
Services, Inc. ("Clean Harbors") for its costs incurred in the door-to-door collection and
disposal of household hazardous waste ("HHW") as well as conducting one special
HHW collection event annually for Carlsbad residents.
The cost of door-to-door collection is $90.00 for each collection. The City agrees to
reimburse Clean Harbors at the rate of $80.00 for each pickup of HHW from
door-to-door participants in the City. Each resident using the services will pay $10.00
directly to Clean Harbors upon collection of their HHW. The City will be invoiced by
Clean Harbors on a monthly basis in the same manner as invoices are generated when
City residents use the permanent HHW facilities operated by RSWA in the City of Poway
and City of Vista, with invoices including the name and address of each door-to-door
program participant.
The City shall be billed on a monthly basis and shall have 30 days to pay Clean Harbors
in full.
The special collection event shall consist of a payment not to exceed $110 per vehicle
charged to the City. Clean Harbors will work with City staff in selecting an appropriate
site, in obtaining the necessary permits, and scheduling the collection event. Clean
Harbors will be responsible for the disposal of HHW, and any incidentals required to
operate the event.
This Memorandum of Understanding ("MOU") may be terminated by either the City or
RSWA upon 30 days written notice to the other party. This MOU represents the entire
agreement of the parties with regard to reimbursement of costs for door-to-door HHW
collection and disposal services performed by Clean Harbors in the City. This MOU
incorporates, by this reference, the applicable terms and conditions of the RSWA HHW
Inter-Jurisdictional Use Agreement for the Facility located in the Cities of Poway and
Vista dated July 7, 2005 between the City of Carlsbad and RSWA, as the Agreement
may be amended from time to time. This MOU may be amended only by a writing
executed by the parties hereto. The persons signing this MOU represent and warrant
that they are authorized to do so on behalf of their respective party.
REGIONAL SOLID WASTE ASSOCIATION
Authorized Signature
Title
Date
/CITY OF CARLSBAD
Authorized Signature
Raymond R. Patchett, City Manager
Title
2/8/06
Date
Karen R. Kundtz, Asst. City Clerk
Title
2/8/06
Date
City Attorney Approved Version #04.01.02
Inter-Jurisdiction Agreement
REGIONAL SOLID WASTE ASSOCIATION HOUSEHOLD HAZARDOUS WASTE
THE CITIES OF POWAY AND VISTA
INTER-JURISDICTIONAL USE AGREEMENT FOR THE FACILITY LOCATED IN
THIS AGREEMENT (the “Agreement”) made and entered into this ?=@” day of
, 2005 by and between the Regional Solid Waste Association (“RSWA”), a joint * powers agency, and the City of Carlsbad (“Participating Jurisdiction”) and supersedes the
agreement dated January 26,2004.
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 Cities of Poway and Vista that is available to residents within the
County of San Diego; and
WHEREAS, EDCO has subcontracted with Clean Harbors Environmental Services, Inc.
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. Duties. RSWA shall contract with EDCO for the collection and disposal 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 RS WA’s administrative convenience or
for operational reasons.
3. Term. 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 EDCO’s subcontractor for those residents disposing of household
hazardous waste between the time of filing the notice and the termination date.
4. Billinns and Payment. Each month, EDCO’s subcontractor shall bill Participating
Jurisdiction a flat fee of $77.00 for each vehicle load of household hazardous
waste material disposed of by a resident of the Participating Jurisdiction for
services rendered during May and June of 2005 and a flat fee of $70.00 beginning
July 1, 2005. Participating Jurisdiction shall pay the subcontractor within thirty
(30) days of receipt of bill.
5. Dispute. 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 Ameements. No oral agreement or representation by an officer, agent, or
employee of either party or the contractor (EDCO) or the subcontractor, 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.
RSWA PARTICIPATING JURISDICTION
Mral Aanager
APPROVED AS TO FORM