HomeMy WebLinkAboutVista, City of; 1998-12-08;_a. , r .f...
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CITY OF VISTA ORIGINAL
HOUSEHOLD HAZARDOUS WASTE USE AGREEMENT
THIS AGREEMENT (the “Agreement”), made and entered into this 8th day of mr
1998 by and between the City of Vista (“Vista”), a municipal corporation and the City of
Carlsbad (“Participating Jurisdiction”).
Recitals
WHEREAS, the City of Vista operates a regional permanent household hazardous waste
collection facility (the “Facility”) that is available to residents within the County of San Diego; and
WHEREAS, the Facility provides residents of San Diego County the ability to dispose of
household wastes; and
WHEREAS, the proper disposal of household hazardous waste benefits all residents of the
County of San Diego; and
WHEREAS, the Facility complies with all federal, state and local laws and regulations
concerning the disposal of household hazardous waste; and
WHEREAS, the City of Vista does not receive sufficient funding from the State of California to
operate the facility; and
WHEREAS, Participating Jurisdiction agrees to share in the cost of operating the Facility
according to the number of residents who use the Facility.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, Vista and Participating Jurisdiction agree as follows:
1. The above recitals are true and correct.
2. Vista shall hire a licensed contractor to collect and dispose of household Duties.
hazardous waste and operate the Facility in accordance with all applicable federal, state
and local laws and regulations, including, but not limited to, adherence to all terms and
conditions contained in the State of California, California Environmental Protection
Agency, Department of Toxic Substances Control Permit to operate the facility, EPA ID
number CAH 111 000 679. Vista 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.
Vista reserves the right to close the Facility on any Saturday if necessary due to
insufficient funding. Vista is under no obligation to keep Facility open, and Facility
may be closed for any reason.
3. This Agreement shall commence on the date stated above and continue on a Term.
month to month basis until terminated. Either party may terminate this agreement upon
thirty (30) days prior written notice to the other party. Vista will continue to allow
residents from Participating Jurisdiction to dispose of household hazardous waste at the
Facility up until the date specified in a termination notice and Participating Jurisdiction
agrees to reimburse Vista for those residents disposing of household hazardous waste
between the time of filing the notice and the termination date.
4. Billings and Pavment. Vista shall bill Participating Jurisdiction (in March, June,
September and December of each year) a flat fee of $75 for each vehicle load of
household hazardous waste material disposed of by a resident of the Participating
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Jurisdiction. rarticipating Jurisdiction shall pay Vista within forty-five (45) days of
receipt of bill.
5. If a dispute should arise regarding the performance of this Agreement, the Disuute.
parties hereby agree to attempt to settle the dispute by subsequent agreement between
Vista’s staff and Participating Jurisdiction’s staff. In the event that a dispute continues,
a representative of the Participating Jurisdiction’s staff and Vista Public Works Director
shall state their respective views of the dispute in a letter to the Vista City Manager,
sending copies to each other. The Vista City 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 City Manager shall be binding upon both
Vista 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 hazardous waste contractor made before, during or after
the execution of this Agreement shall become part of this PLgreement 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.
CITY OF VISTA PARTICIPATING JURISDICTION
City Manager, Carlsbad
Title
OVED AS TO FORM
ayne Demetz, City Attorney