HomeMy WebLinkAbout2010-06-29; City Council; 20288; Amend Household Hazardous Waste AgreementCITY OF CARLSBAD - AGENDA BILL
AB# 20.288
MTG. 6/29/2010
DEPT. Utilities
APPROVAL OF AMENDMENT TO EXISTING
HOUSEHOLD HAZARDOUS WASTE AGREEMENT
WITH REGIONAL SOLID WASTE ASSOCIATION
DEPT. DIRECTOR ^^J%^
CITY ATTORN EY 2^L
CITY MANAGER \}^
RECOMMENDED ACTION:
Adopt Resolution No. 2010-167 authorizing the City Manager to execute an amendment to an
agreement with the Regional Solid Waste Association (RSWA) to offer Carlsbad residents household
hazardous waste (HHW) programs, for a five (5) year term limit.
ITEM EXPLANATION:
Carlsbad is mandated by the California Integrated Waste Management Act (Public Resources Code §
40000 et. seq.) to provide for the safe disposal of HHW generated by residents. The City must also
implement and manage programs aimed at diverting residents' waste from disposal in area landfills.
HHW includes batteries; paint; household cleaners; lawn chemicals and herbicides; auto fluids and
cleaners; and rodent and pest poisons. These items are handled and disposed of in different ways
than household garbage and should not be mixed with trash.
The City has an existing agreement with the RSWA allowing Carlsbad residents to take their HHW to
a RSWA-contracted permanent collection facility located in Vista. In 2006, the City amended the
agreement to include a HHW special one-day collection event and HHW door-to-door service to the
City's Solid Waste Program as a good faith effort to address proper HHW disposal.
RSWA entered into a new contract with a different operator effective July 1, 2010, thus a new fee
schedule was negotiated. The following amendments are proposed: the HHW facility fee to the City is
proposed at $75 for each car load. The rate will increase to $77 for fiscal year 2012-13, $80 for fiscal
year 2013-14 and $82 for fiscal year 2014-15. There is no charge for universal waste, medical sharps,
electronic waste and battery only collection at the facility and no charge to the City's residents.
The HHW special one-day collection event costs will decrease from the current fee of $110 to $90 for
each car load dropped off, which will be paid for by Solid Waste Enterprise funds. The facility drop-off
program and special day event will be offered at no cost to Carlsbad residents.
The current cost of the HHW door-to-door service is $90. For fiscal years 2010-2011 and 2011-2012
it will be reduced to $85 per pick-up. The remaining three fiscal years will be charged at a rate of $88
per pick-up. As part of this service, universal waste and medical sharps only service costs $50 per
collection, instead of the full HHW collection costs. E-waste only service and/or batteries (all
chemistries) only service will be free of charge. Carlsbad residents will continue to pay a small $10 co-
payment for the use of the door-to-door service, unless there is no charge for service. Under the
terms of the proposed amendment, RSWA would invoice the City the price per collection minus the
residential co-payment of $10. The RSWA contractor would collect the co-payment directly from each
resident upon utilization of the service.
DEPARTMENT CONTACT: Sheree Kay Hildebrandt 760-602-2776
Sheree.Hildebrandt@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
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All of these HHW programs offer convenience with a variety of options and continue to be utilized by
Carlsbad residents. These HHW programs are more cost-effective than trying to create a permanent
HHW facility within the City's borders. Staff recommends amending the City's existing agreement with
RSWA for HHW services.
FISCAL IMPACT:
Vista Facility Drop-Off Program
Special One Day Event
Door-to-door Collection Program
FY 2008-2009
Budget
$ 112,000.00
$ 80,000.00
$ 84,000.00
FY 2008-2009
Expenses
$ 114,000.00
$ 55,110.00
$ 44,000.00
FY 2009-2010
Budget
$ 171,500.00
$ 70,000.00
$ 55,000.00
FY 2009-2010
YTD Actual
Expenses before
credits
$ 77,070.00
$ 60,830.00
$ 32,720.00
Proposed FY
2010-2011
Budget
$ 159,364.00
$ 70,000.00
$ 55,000.00
Total RSWA HHW Program Budget FY 2010-2011 $ 284,364.00
*RSWA overcharged the City $28,700 in FY 2008-2009. RSWA credits expenses monthly.
YTD credits are $19,298.07 and are not included above actual expenses.
Staff recommends the Vista facility Drop-Off Program current proposed budget of $159,364 per
program year, a slightly lower budget from last fiscal year, however staff expects increased
participation due to a new outreach program.
Sufficient funds from the solid waste enterprise fund have been budgeted for fiscal year 2010-2011.
EXHIBITS:
1. Resolution No. 2010-167 authorizing the City Manager to execute an amendment to
an agreement with the RSWA to offer Carlsbad residents HHW programs, for a five (5) year
term limit.
2. 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.
3. Original agreement between the RSWA HHW Inter-Jurisdictional Use Agreement for the
facilities located in the City of Vista and the City of Carlsbad, dated August 1, 2000.
4. Resolution No. 2006-023 authorizing the City Manager to execute an amendment to the
agreement, and any subsequent amendments related to service improvement, with the RSWA
to offer Carlsbad residents a HHW special one-day collection event and door-to-door service,
dated February 7, 2006.
5. Amendment to the Memorandum of Understanding between City of Carlsbad and the RSWA
HHW Inter-Jurisdictional Use Agreement dated February 8, 2006.
6. Resolution No. 2006-043 authorizing the co-payment for door-to-door collection in the amount
of $10 to be billed directly to the resident by the RSWA contractor, Clean Harbors, dated
February 21, 2006.
1 RESOLUTION NO. 2010-167
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING APPROVAL AND
3 EXECUTION OF AN AMENDMENT TO AN EXISTING
HOUSEHOLD HAZARDOUS WASTE AGREEMENT WITH THE
4 REGIONAL SOLID WASTE ASSOCIATION.
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WHEREAS, California Integrated Waste Management Act (Public Resources Code
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Section 40000 et. seq.)mandates all jurisdictions in the State of California provide for the safe
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collection, recycling, treatment and disposal of hazardous wastes generated by households within
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a jurisdiction; and
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WHEREAS, hazardous waste collection services protect the environment and reduce
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the amount of waste in the State's landfills; and
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WHEREAS, continuing existing household hazardous waste (HHW) programs provide
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Carlsbad residents the options to dispose of their hazardous materials; and
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WHEREAS, the City of Carlsbad currently has an agreement with the Regional Solid
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Waste Association RSWA to dispose of HHW through three programs:
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1. Drop off facility,
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2. A one day collection event and
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3. Door to door service; and
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WHEREAS, RSWA and city staff have renegotiated the rates for these services at the
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request of RSWA; and
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21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
22 California, as follows:
23 1. That the above recitations are true and correct.
24 2. The renegotiated prices provide a fair and equitable rate for the citizens of
25 Carlsbad.
26 3. The City Manager is hereby authorized to sign amendments to the existing
27 agreement on behalf of the City of Carlsbad.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council
of the City of Carlsbad on the 29th day of June, 2010, by the following vote to wit:
AYES: COUNCIL MEMBERS LEWIS, KULCHIN, HALL, PACKARD AND
BLACKBURN.
NOES: NONE.
ABSENT: NONE.
/LC£CV
l/ORRXljME (GUWOOD, Cfty Cleft
(SEALf
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
PWENG410
Inter-Jurisdiction Agreement
REGIONAL SOLID WASTE ASSOCIATION
HOUSEHOLD HAZARDOUS WASTE
1NTER-JURISDICTIONAL USE AGREEMENT FOR THE
FACILITIES LOCATED IN THE CITIES OF POWAY AND VISTA
THIS AGREEMENT (the "Agreement") made and entered into this 6 day of
t»- _ , 20o4-by and between the Regional Solid Waste Association
("RSWA"), a joint powers agency, and the City of Carlsbad ("Participating Jurisdiction").
RECITALS
WHEREAS, RSWA has contracted with EDCO Disposal Services ("EDCO") for the
operation of regional permanent household hazardous waste collection facilities (the "Facilities")
in the Cities of Poway and Vista that are available to residents within the County of San Diego;
and
WHEREAS, EDCO has subcontracted with Philip Services Corporation to operate the
Facilities; and
WHEREAS, the Facilities 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 Facilities are 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
Facilities according to the number of residents that use the Facilities.
PWENG410
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. The Agreement between the parties dated August 1, 2000 is hereby rescinded
and this agreement shall supercede all previous agreements between RSWA and Participating
Jurisdiction for the collection and disposal of household hazardous waste at the Facilities.
3. Duties. RSWA shall contract with EDCO for the collection and disposal of
household hazardous waste and to operate the Facilities 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 Facilities and provide Participating Jurisdiction access to records for review.
Facilities shall be open every Saturday, excluding legal holidays. RSWA reserves the right to
close the Facilities on any Saturday, if necessary, for RSWA's administrative convenience or for
operational reasons.
4- 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 Facilities up to the termination date
in the notice and Participating Jurisdiction agrees to reimburse Philip Services Corporation for
those residents disposing of household hazardous waste between the time of filing the notice
and the termination date.
5. Billings and Payment. Effective August 1, 2003, EDCO's subcontractor began
billing Participating Jurisdiction a flat fee of $77 for each vehicle load of household hazardous
waste material disposed of by a resident of the Participating Jurisdiction. Participating
Jurisdiction has paid Philip Services $77 for each vehicle load of hazardous waste material
disposed of by a resident of Participating Jurisdiction since August 1, 2003. The parties hereby
retroactively ratify the -flat fee of $77 for each vehicle load effective August 1, 2003.
g
Participating Jurisdiction agrees to pay the flat fee of $77 for each vehicle load during the term
of this agreement. Participating Jurisdiction shall pay the subcontractor within thirty (30) days of
receipt of bill.
6. 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 (1 0) 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.
III
III
7. Oral Agreements. No oral agreement or representation by an officer, agent, or
employee of either party or the contractor (EDCO) or the subcontractor (Philip Services), 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.
REGIONAL SOLID WASTE PARTICIPATING JURISDICTION
ASSOCIATION (RSWA),
a joint powers agency
Manager Raymond Patchett
City Manager
APPROVED AS TO FORM
CITY ATTORNEY
By:
CARLSBAD, CALIFORNIA, AUTHORIZING APPROVAL OF
AMENDMENT TO EXISTING HOUSEHOLD HAZARDOUS WASTE
AGREEMENT WITH REGIONAL SOLID WASTE ASSOCIATION.
WHEREAS, AB 939 mandates all jurisdictions in the State of California provide for the
safe collection, recycling, treatment, and disposal of hazardous wastes generated by households
within the jurisdiction; and
WHEREAS, the City Council of the City of Carlsbad has determined it is in the City's best
interest to participate in the Regional Solid Waste Association's program for the door-to-door
collection of household hazardous waste and to hold a special household hazardous waste
collection event and has appropriated sufficient funds in the 2005-06 operating budget for both of
these programs; and
WHEREAS, the addition of the door-to-door household hazardous waste collection
program will provide Carlsbad residents the option to dispose of their hazardous materials within
the City's borders; and
WHEREAS, the addition of a special household hazardous waste collection event will
allow residents to drop their hazardous materials to a single location within the City for collection
and disposal at no cost to the resident.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. The Curbside Household Hazardous Waste Agreement, a copy of which is
attached hereto as Attachment "A", is hereby approved.
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3. The City Manager is authorized to execute said agreement, and any subsequent
amendments thereto related to service improvement, on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 7th day of February , 2006 by the following vote, to wit:
AYES: Council Members Lewis, Ha^DKulchin, Packard, Sigafoose
NOES: None
ABSENT/ //yojie
(SEAL)
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
L/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
ft
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RESOLUTION NO. 2006-043
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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CARLSBAD, CALIFORNIA, AUTHORIZING THE COLLECTION OF
CO-PAYMENT ASSOCIATED WITH THE COLLECTION OF
HOUSEHOLD HAZARDOUS WASTE.
WHEREAS, the City Council of the City of Carlsbad has determined it is in the City's best
interest to participate in the Regional Solid Waste Association's program for the door-to-door
collection of household hazardous waste (HHW), and that a co-payment per collection paid by
residents to the contractor is recommended; and
WHEREAS, the co-payment will be $10 per collection paid by residents, and $80 per
collection paid by the City; and
WHEREAS, residents wishing to utilize this service must pay the contractor should they
wish to use this door-to-door HHW collection service.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. The co-payment per door-to-door HHW collection, written into the approved
agenda bill of February 7, 2006 in the amount of $10, a copy of which is attached hereto as
Attachment "A", is hereby approved. The fee will be effective on March 27, 2006.
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3. The Regional Solid Waste Association's contractor, Clean Harbors Environmental
Services, Inc., is hereby authorized to collect co-payment directly from Carlsbad residents, on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 2lst day of February , 2006 by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Mayor Lewis
MATT HALL, Mayor Pro-Tern
ATTEST:
LORRAINE M. WOOD, City ClerK (SEAL)
V