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Home My WebLink About1998-12-08; City Council; 14969; APPROVAL OF HOUSEHOLD HAZARDOUS WASTE USE AGREEMENT WITH THE CITY OF VISTA@- k .. Z 0 F 0 J c Z 3 0 0 a -5 ./.;lr BILL CITY OF CARLSBAD - AGEND AB# /$?69 TITLE: DEPT. HD.@ APPROVAL OF HOUSEHOLD HAZARDOUS WASTE MTG. 12/8/98 USE AGREEMENT WITH THE CITY OF VISTA CITY ATTY.- DEPT. PW CITY MGR 5 RECOMMENDED ACTION: - Adopt Resolution No, 98- Yorauthorizing the City Manager to execute an agreement with t! Vista to allow Carlsbad residents to use the household hazardous waste disposal facility IC 1165 East Taylor Street in Vista. ITEM EXPLANATION: Historically, the City has participated in the regional Household Hazardous Materials administered by the County and funded by a portion of the tip fee. With the sale of the regic waste system to a private entity in the fall of 1997, this funding source was no longer i County funding of the regional program ended June 30, 1998. The Cities of Vista, Poway, and Coronado, which host permanent household hazardot disposal facilities formerly administered by the County program, each elected to withdraw County’s regional program and operateladminister their own facilities, commencing July Staff has been negotiating with City of Vista staff to arrive at an amenable agreement to use of the Vista facility. Vista has continued to accept household hazardous waste from ( residents in good faith during negotiations. Under the terms of the agreement, each quarter the City of Vista would invoice the City of ( $75 for each Carlsbad resident using the facility. Based on July - October usage, Carlsbad’ cost would be approximately $40,000, although this number will fluctuate with actual UI facility is located adjacent to the City of Vista’s public works yard and is open on Saturdi 9:00 am to 3:OO pm. The City of Carlsbad is mandated under AB 939 to provide for the safe disposal of hc hazardous waste generated by our residents. Participation in the Vista program would sa mandate. Alternatively, Carlsbad could revert to the periodic one-day collection events (at i over $100,000 per event) or consider opening our own facility. However, this service is mc effectively provided on a regional basis. So long as a cooperative agreement between V Carlsbad can be achieved, this may be our most cost-effective option. Staff believes tl program offers good value, and convenient year-round access to safe disposal of hc hazardous waste for Carlsbad residents. FISCAL IMPACT: In anticipation of upcoming additional program costs, an increase in the AB 939 fee from 2% was requested and approved during the last adjustment of solid waste rates (FY 1996- such, adequate revenues are collected for the ongoing support of the City’s participatior Household Hazardous Waste Program. EXHIBITS: 1. Resolution No. 9 8 ‘ y‘’ with Agreement attached .f 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 98-402 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOUSEHOLD HAZARDOUS WASTE USE AGREEMENT WITH THE CITY OF VISTA CARLSBAD, CALIFORNIA AUTHORIZING EXECUTION OF WHEREAS, AB 939 mandates all jurisdictions in the State of California provide safe collection, recycling, treatment and disposal of hazardous wastes gener: households within the jurisdiction; and WHEREAS AB 939 further requires all jurisdictions to prepare a Household Ha Waste Element which identifies program elements; and WHEREAS, the City Council of the City of Carlsbad has determined it is in th best interest to participate in the City of Vista’s program. NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of C as follows: 1. The above recitations are true and correct. 2. The Household Hazardous Waste Use Agreement Between The City of C and City of Vista is hereby approved. 3. The City Manager is authorized to execute said agreement on behalf of the Carlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsba regular meeting held on the 8th day of December , 1998, by the following vote, t AYES: Council Members Lewis, Finn NOES: None ABSENT: None AT LlmkLd- Q\d ALETHA L. RAUTENKRANZ, City t! 0 CITY OF VISTA HOUSEHOLD HAZARDOUS WASTE USE AGREEMENT a THIS AGREEMENT (the “Agreement”), made and entered into this 8th day of Decem , 1998 by and between the City of Vista (‘Vista”), a mUn1Clpd corporation and the cily Of r 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. 2. The above recitals are true and correct. Duties. Vista shall hire a licensed contractor to collect and dispose of household 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 11 1 000 679. 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. 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 nobce 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 Paficipating Jurisdiction agrees to reimburse Vista for those residents disposing of household hazardous waste between the time of filing the notice and the termination date. Billinns 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 3. 4. 0 e Jurisdiction. rarticipating Jurisdiction shall pay Vista within forty-five (45) days of receipt of bill. 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 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 Directt 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. 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 aRe 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. 5. v 6. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day and year first above written. CITY OF VISTA PARTICIPATING JURISDICTION qeeafu#- RitaG dert, ity Manager City Manager, Carlsbad Title APPFOVED AS TO FORM J. Wayne Demetz, City Attorney -