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Home My WebLink About2000-07-25; City Council; 15838; Household Hazardous Waste Use Agreement,, i---- -. cp 55 % CITY OF CARLSBAD - AGENuA BILL AB# I,q! $(38 TITLE: MTG. ?=-~ APPROVAL OF HOUSEHOLD HAZARDOUS WASTE USE AGREEMENT WITH REGIONAL SOLID WASTE ASSOCIATION DEPT. PW RECOMMENDED ACTION: DEPT. HD. CITY ATTY. CITY MG.t& Adopt Resolution No.&YIO$Iqaauthorizing the City Manager to execute an agreement with the Regional Solid Waste Association to allow Carlsbad residents to continue to use the household hazardous waste disposal facility located at 1165 East Taylor Street in Vista. ITEM EXPLANATION: In December 1998, City Council approved an Agreement with the City of Vista to allow Carlsbad residents to use the household hazardous waste disposal facility located adjacent to the City of Vista’s Public Works yard. On June 12, 2000 we received a letter from the City of Vista advising they were relinquishing control of the facility to the Regional Solid Waste Association (RSWA) effective May 24, 2000, and a new agreement with RSWA would be forthcoming for our consideration. The terms of the proposed agreement mirror the terms of the previous agreement. Due to the short time frame, the facility has continued to accept household hazardous waste from Carlsbad residents in good faith pending City Council consideration. Under the terms of the agreement, each quarter RSWA would invoice the City of Carlsbad $75 for each Carlsbad resident using the facility. This price remains unchanged from the previous agreement. Based on historical usage, Carlsbad’s annual cost would be approximately $50,000, although this number will fluctuate with actual use. The facility is open on Saturdays from 9:00 am to 3:00 pm. RSWA also anticipates negotiating additional services with its vendor. These services may include periodic collection events at $65 - $75 per car, and door-to-door collection for disabled at $84 per service. It is anticipated an amendment offering these services will be presented to the City for consideration by this winter. The attached resolution also authorizes the City Manager to execute subsequent amendments. The City of Carlsbad is mandated under AB 939 to provide for the safe disposal of household hazardous waste generated by our residents. Continued participation in the RSWA program would satisfy this mandate. Alternatively, Carlsbad could revert to the periodic one-day collection events (at a cost of over $100,000 per event) or consider opening its own facility. However, this service is most cost-effectively provided on a regional basis. So long as a cooperative agreement between RSWA and Carlsbad can be achieved, this is the most cost-effective option. Staff believes the RSWA program offers good value, and convenient year-round access to safe disposal of household hazardous waste for Carlsbad residents. FISCAL IMPACT: $60,000 has been budgeted in the 2000-01 Solid Waste Enterprise Fund budget for household hazardous waste disposal. EXHIBIT: 1. Resolution No. %XXI-;1q aauthorizing the City Manager to execute an agreement with the Regional Solid Waste Association to allow Carlsbad residents to continue to use the household hazardous waste disposal facility located at 1165 East Taylor Street in Vista. I .- 1 2 - RESOLUTION NO. zcOc-z42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF HOUSEHOLD HAZARDOUS WASTE USE AGREEMENT WITH 4 THE REGIONAL SOLID WASTE ASSOCIATION 5 WHEREAS, AB 939 mandates all jurisdictions in the State of California provide for the 6 safe collection, recycling, treatment and disposal of hazardous wastes generated by households 7 within the jurisdiction; and, 8 WHEREAS, AB 939 further requires all jurisdictions to prepare a Household Hazardous g Waste Element which identifies program elements; and, 10 WHEREAS, the City Council of the City of Carlsbad has determined it is in the City’s best 11 interest to participate in the Regional Solid Waste Association’s program for the disposal of ,2 household hazardous waste and has appropriated sufficient funds in the 2000-01 operating ,3 budget for this program. 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 15 1. That the above recitations are true and correct. 16 2. 17 The Household Hazardous Waste Inter-jurisdictional Use Agreement between the City of Carlsbad and the Regional Solid Waste Association, a copy of which is 18 19 20 3. attached hereto as Attachment “A”, is hereby approved. The City Manager is authorized to execute said agreement, and any subsequent 21 amendments thereto related to service improvements or special events, on behalf 22 of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 23 held on the 25th day of July /, I , 2000 by the following vote, to wit: 24 25 26 27 28 Hall, Finnila, Nygaard, and Kulchin ATTEST: WOOD, City Clerk (SEAL) 2 Inter-Jurisdiction Agreement _r fL;I’. Attachment A 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 into 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 stafT. 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. . $ ?ZG General MmygG Name and Title APPROVED AS TO FORM City Attorney By: 42% 4