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HomeMy WebLinkAboutSan Diego, County of; 1990-01-14;. , I - - ‘\ INTEGRATED WASTE MANAGEMENT PLANNING AND FUNDING AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO This Integrated Waste Management Planning and Funding Agreement (hereinafter referred to as llAgreementtt) is made between the CITY OF CALRSBAD, a municipal corporation (hereinafter referred to as V*City@l), and the COUNTY OF SAN DIEGO (hereinafter referred to as wCountyll). PURPOSE OF AGREEMENT The purpose of this Agreement is to promote and partially fund uniform planning for integrated waste management throughout San Diego County as required by the California Integrated Waste Management Act of 1989 (referred to as the lAActl'), as amended, and to increase cooperation between the City and County. The Agreement also provides for the transfer of funds between the County and the City for the purpose of supporting the efforts of a common County- wide consultant to assist in the preparation of the Countywide Integrated Waste Management Plan, and other related planning efforts. RECITALS A. The County and the eighteen (18) cities located in the County are engaged in the development of a Countywide Integrated Waste Management Plan (referred to as the VIPlanll), as required by the Act. B. The County, for the unincorporated area, and the City are required to prepare Source Reduction and Recycling and Household Hazardous Waste Elements as part of the Plan. All cities throughout the County are required to submit their Source Reduction and Recycling and Household Hazardous Waste Elements to the County of San Diego by July 1, 1991; or later if so required by amendments to the Act. c. The various Source Reduction and Recycling and Household Hazardous Waste Elements and their components are required to be integrated into a Countywide Integrated Waste Management Plan. D. Cooperation between cities and counties is provided for in the Act: and the County of San Diego Integrated Waste Management Task Force consisting of representatives of the County and each of the eighteen (18) cities has been convened in accordance with the requirements of the Act to provide for such cooperation. E. Consistency of format and the use of a uniform approach by the cities and the County will enhance both the Plan's scope and ease of preparation. F. The County operates, and funds through the Solid Waste Enterprise Fund, the major disposal facilities used by the City. G. The County will engage the services a consultant (or consultants) to assist the County and the cities with the preparation of Source Reduction and Recycling and Household Hazardous Waste Elements. DEFINITIONS A. San Dieso Countv Intearated Waste Manaaement Task Force Representatives of the County's eighteen (18) cities and the Board of Supervisors, as convened by the Board. Hereinafter referred to as the "Task Force." B. Source Reduction and Recvclina Element The initial integrated waste management planning document as defined by and required by the California Integrated Waste Management Act of 1989, as amended, and related regulation promulgated by the California Integrated Waste Management Board. Referred to herein as the "SRR Element." C. Household Hazardous Waste Element The sections of the Countywide Integrated Waste Management Plan dealing with the management and disposal of household hazardous waste as defined by and required by the California Integrated Waste Management Act of 1989, as amended, and related regulations promulgated by the California Integrated Waste Management Board. NOW, THEREFORE, incorporating the recitals of facts and definitions above and in consideration of the mutual covenants herein contained, the parties agree as follows: 1. City a. City agrees to submit to the County the required Source Reduction and Recycling and Household Hazardous Waste Elements (and/or Element components) in a format defined by the Task Force; said Elements/Components will be submitted in accordance with the schedule established by the Act. b. City agrees to reimburse County for services of the consultant(s) requested by City. City agrees to provide the County with written approval of the work performed for the City by the consultant(s) in order to authorize County payment to the 2 - h ~ consultant(s). c. Should the City's costs incurred in the development of the required Elements exceed those provided for in this agreement, City agrees to fund that difference. d. City agrees to provide the County with written notification that the funds were used for AB 939 planning purposes. 2. County of San Diego a. County agrees to partially fund, from the Solid Waste Enterprise Fund, City efforts towards integrated waste management planning and SRR and Household Hazardous Waste Element preparation as described in paragraph (b), of this section. b. City will be funded at a rate of $0.50 (fifty cents) per capita with a minimum payment of $20,000 (twenty thousand dollars) based upon the population listed on Attachment A. This agreement is for $31,726. c. County agrees to provide drafts of the following: Waste Generation; Education and public Information; Disposal Facility Capacity; and Funding SRR Element components: and Household Hazardous Waste Element. County provided drafts will not include activities or programs which serve only a single city; those remain the responsibility of the City. d. County agrees to contract for one or more consultants to assist the City in the preparation of the other components (not mentioned in paragraph 'cl, above) and to assist, if so requested, in the modification of those components mentioned in paragraph 'cl to meet the specific requirements of the City. Several cities, as selected by the AB 939 Technical Advisory Committee, will work with the County to select the consultant(s) through their participation on a Selection Committee. e. County agrees to waive any administrative fees associated with the funds transfer. 3. Successors in Interest This agreement and all rights and obligations contained herein shall be in effect whether or not any or all parties to this agreement have been succeeded by another entity, and all rights and' obligations of the parties signatory to this agreement shall be vested and binding on their successors in interest. 3 4. Severability If any term, provision or condition of this Agreement shall be found to be invalid or unenforceable, the remaining terms, provisions and conditions shall, nevertheless, remain in full force and effect. 5. Entire Agreement This Agreement contains the entire understanding of the parties. No term or provision hereof may be changed, waived, discharged or terminated unless the same be in writing, signed and executed by the parties to the Agreement. 6. Effective Date This Agreement shall become effective immediately upon its execution by all parties; it shall remain in effect until the City has submitted all of the required Source Reduction and Recycling and Household Hazardous Waste Elements as required by the Act. 7. Manner of Giving Notice Notices required or permitted herein shall be sufficiently given if in writing and if either served personally upon or mailed ,by certified mail to: City of Carlsbad Attn: Ralph Anderson Utilities/Maintenance Director 2075 Las Palmas Dr. Carlsbad, CA 92009 County of San Diego William A. Worrell Deputy Public Works Director Solid Waste Division, M.S. 0383 5555 Overland Avenue San Diego, CA 92123 8. Governing Law This agreement is entered into, and shall be construed and interpreted, in accordance with, the laws of the State of California. 9. Audit and Inspection of Records a. General. The County shall have the audit and inspection rights described in this section. b. Cost or Pricina Data. The County Contracting Officer or his representatives or its agent shall have the right to examine all books, records, or documents and other data of the City related to the negotiation pricing or performance of such contract, change or modification, for the purpose of evaluating the accuracy and completeness of the cost or pricing data submitted. c. Availabilitv. The materials described above shall be made available at the office of the City, at all reasonable times, for inspection, audit or reproduction, until the expiration of three (3) years from the date of final payment under this contract, or by (1) or (2) below: (1) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three years from the date of any resulting final settlement. (2) Records which relate to appeals under the "Disputes" clause of this contract, or litigation of settlement of claims arising out of the performance of this contract, shall be.made available until such appeals, litigation, or claims have been disposed of, or three years after contract completion, whichever is longer. The City shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of contracting parties and the contracting officer under the County's prime contract. 10. Disputes a. Any dispute arising under this contract shall be decided by the Technical Advisory Committee's Steering Committee (Committee) in consultation with the County Contracting Officer within thirty (30) days after the dispute has been submitted to the Committee. The Committee shall then issue its decision in writing to the city. The decision of the Committee shall be final and conclusive within 60 days from the date of said decision unless the decision is contested in a court of competent jurisdiction. City shall proceed diligently with the performance of the contract pending a final decision. b. The "Disputesfl clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph (a), above. Nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board in a question of law: 5 ” . - - . . * *<. IN WITNESS, WHEREOF, this agreement is executed by the City of Carlsbad, acting by and through its Mayor , pursuant to Resolution No. go-455 authorizing such execution, and by the County of San Diego, acting by and through the County Board of Supervisors, pursuant to Minute Order No. authorizing such execution. 13 I HEREBY agreement this THE COUNTY OF SAN DIEGO By: fii J- p~+-jf- Thomas J. Pastusz a ActinqClerk of the Board of Supervisors APPROVE the fo )u nd legality of the foregoing day of City Attorney San Diego County Counsel By: Appwc"d;ri, ;7ut;o%gtzbard of Supervisors of the County of San fkg0 fil J. %f+ X Clark of the Board of Suparvisors 6 1 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. go-455 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PERTAINING TO THE CITY OF CARLSBAD SOURCE REDUCTION AND RECYCLING ELEMENT WHEREAS, the California State Legislation through AB 939, the California Integrated Waste Management Act of 1989, has mandated local governments to implement recycling measures and to meet refuse source reduction goals of 25% by 1995 and 50% by 2000; and WHEREAS, the development of a Solid Waste Management Program facilitates the preparation and implementation of the City's Source Reduction and Recycling Element. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The above recitations are true and correct. 2. Staff is authorized to: a. Develop the City of Carlsbad Source Reduction and Recycling Element. b. Enter into an agreement for Consultant services to assist in the preparation of the Source Reduction and Recycling Element. C. Develop Solid Waste Enterprise Fund and Solid Waste Management Program in Fiscal Year 1990-91. I// I// . L 1 I ‘. . l ., . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 ..h d. Execute a loan not to exceed $70,000 for the General Fund Unreserved Fund Balance account to the solid Waste Enterprise Fund. e. Execute an Agreement with the County of San Diego to accept funds equal to $.50 per capita to promote and partially fund uniform planning for integrated Solid Waste Management. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 8th day of January I 199 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None ATTEST: L?-dczLR~&.. ALETHA L. RAUTENKRANZ, City Cl k 21 22 23 24 25 26 27 28 !., COUNTY OF SAN DIEGO INTEGRATED WASTE MANAGEMENT PLANNING AND FUNDING AGREEMENT BETWEEN THE COUNTY AND THE CITY OF CARLSBAD AGREEMENT AMENDMENT NO. 1 Date : August 6, 1991 Section 2 b. of the Integrated Waste Management Planning and Funding Agreement dated January 23, 1991, is amended to read as follows: "City will be paid a total sum of $ 61,940.t1 IN WITNESS, WHEREOF, this amendment is agreed to and executed by the City of Carlsbad, actin by and through its City Manager, pursuant to Resolution No. %I-Y5S authorizing such execution and by the County of San Diego, acting by and through the County Board of Supervisors, pursuant to Minute Order 8/6/91 (No. 46) authorizing such execution. THE CITY OF Carlsbad A Municipal Corporation \ THE COUNTY OF SAN DIEGO hk-- 'City Manager By:: of Supervisors . P-6 -w (w6) Approved and/or authorized by the Board of Supervisors of the County of San Oiego Tii. J. P”+LA& X Cierk of the Board of Supervisors January 16, 1991 Solid Waste Division County of San Diego, MS-0380 5555 Overland Drive San Diego, CA 92123 Attn: Andy Hirsch Re: Integrated Waste Management Planning and Funding Agreement The Carlsbad City Council, at its meeting of January 8, 1991, adopted Resolution No. 90-455, approving an agreement with the County of San Diego to promote and partially fund uniform planning for integrated solid waste management. Enclosed are two original agreements which have been signed by City of Carlsbad Officials. As soon as the agreements have been approved by the Board of Supervisors and fully executed, please return one fully executed original to the City Clerk's Office. Also enclosed for your records is a copy of Resolution No. 90-455 which approved the agreement. Thank you for your assistance in this matter. M& Assistant City Clerk Encs. c: Luci Romero, U/M Dept.