HomeMy WebLinkAbout2015-07-14; City Council; 22027; Execute Agreement Regional Solid Waste Association for Hazardous Waste CollectionCITY OF CARLSBAD - AGENDA BILL
AB# 22,027 AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE REGIONAL SOLID WASTE ASSOCIATION FOR
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
SERVICES FOR A FIVE YEAR TERM
DEPT. DIRECTOR
DATE: 7/14/2015
AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE REGIONAL SOLID WASTE ASSOCIATION FOR
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
SERVICES FOR A FIVE YEAR TERM
CITY ATTY.
DEPT. PW-PEM
AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE REGIONAL SOLID WASTE ASSOCIATION FOR
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
SERVICES FOR A FIVE YEAR TERM
f
CITY MGR. 1^
RECOMMENDED ACTION:
Adopt Resolution No. 2015-183 authorizing the City Manager to execute an agreement with the
Regional Solid Waste Association (RSWA) for household hazardous waste collection program services for
a five year term.
ITEM EXPLANATION:
In 1989, Assembly Bill 939 (AB 939), known as the California Integrated Waste Management Act, was
passed because ofthe increase in waste stream and the decrease in landfill capacity. The City of Carlsbad
is mandated by AB 939 to provide for the safe disposal of household hazardous waste (HHW) generated
by residents. The city is also responsible for implementing and managing programs aimed at diverting
HHW from disposal in area landfills. Examples of HHW include batteries, paint, household cleaners,
pesticides, fertilizers, automotive fluids and compact fluorescent bulbs. The city reports the amounts
diverted through our HHW collection programs to the State of California on an annual basis.
Beginning in 2000, the City of Carisbad partnered with RSWA, a Joint Powers Agency (JPA) comprised of
the cities of Del Mar, Encinitas, Escondido, National City, Poway, Solana Beach and Vista. The primary
purpose ofthe RSWA is to provide stable, long-term, environmentally responsible, cost-effective options
for all aspects of solid waste disposal including recyclables and household hazardous waste. RSWA has
recently negotiated a new agreement for HHW collection in the San Diego region. The city is seeking to
partner with RSWA in order to continue to provide these services to its residents. Services available
through this agreement include access to a regional HHW drop-off facility located in the City of Vista
(which is open every Saturday), a door-to-door pick-up program which allows residents to schedule a
pick-up of HHW from their residence, and an annual one-day HHW collection event held in Carisbad.
FISCAL IMPACT:
The cost of the regional HHW drop-off facility in the City of Vista will be billable to the city at a rate of
$65.00 per car load for Fiscal Year 2015-16. This amount shall increase to $66.00 for Fiscal Years 2016-17
and 2017-18, and shall increase to $67.00 for Fiscal Years 2018-19 and 2019-20. There will be no charge
for car loads disposing of only electronic waste at the facility. Car loads disposing of only universal waste
DEPARTMENT CONTACT: Avecita Roach 760-602-7542 avecita.roach@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Authorize City Manager to Execute Agreement with the RSWA
July 14, 2015
Page 2 of 2
(batteries, fluorescent tubes and sharps) shall be billed to the city at a cost of $34.00 per car load for
Fiscal Years 2015-16 through 2019-20.
The cost of the door-to-door collection program is billable to the city at a rate of $77.00 for each
collection in Fiscal Years 2015-16 through 2019-20. There will be a reduced rate of $61.00 for residents
disposing of only universal waste; and no charge for residents disposing of only electronic waste.
Carlsbad residents will pay a $10.00 co-pay for the use ofthe door-to-door service, unless they are only
disposing of electronic waste, which is no charge. The RSWA contractor will collect the co-payment
directly from each resident and subsequently invoice the city the price per collection minus the $10.00
co-payment amount.
The cost of the annual HHW collection event is billable to the city at a rate of $80.00 per car load. The
RSWA contractor will work with city staff in selecting an appropriate site, obtaining the necessary permits
and scheduling the collection event(s). The RSWA contractor will be responsible for disposal of the HHW
collected per applicable federal, state, and local regulations, along with any incidentals required to
operate the event.
Funds for these programs were included in the Fiscal Year 2015-16 Recycling and Trash operating budget.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Resolution No. 2015-183 authorizing the City Manager to execute an agreement with the
RSWA for household hazardous waste collection program services for a five year term.
2. Regional Solid Waste Association Household Hazardous Waste Inter-Jurisdictional Use Agreement.
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EXHIBIT 1
1 RESOLUTION NO. 2015-183
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CAUFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE REGIONAL SOLID WASTE ASSOCIATION
4 FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
SERVICES FOR A FIVE YEAR TERM.
5 "
WHEREAS, AB 939 mandates all jurisdictions in the State of California provide for the
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safe collection, recycling, treatment and disposal of hazardous wastes generated by households
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within the jurisdiction; and
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WHEREAS, AB 939 further requires all jurisdictions to prepare a Household Hazardous
11 Waste Element which identifies program elements; and
12 WHEREAS, the City Council for the City of Carisbad has determined it is in the city's best
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NOW, THEREFORE, BE IT RESOLVED bythe City Council ofthe City of Carisbad, California
18 asfollows:
1. That the above recitations are true and correct.
2. The RSWA Household Hazardous Waste Inter-jurisdictional Use Agreement
between the City of Carisbad and the RSWA, a copy of which is attached hereto as
Exhibit 2, is hereby approved.
interest to participate in the Regional Solid Waste Association's (RSWA) program for the
disposal of household hazardous waste and has appropriated sufficient funds in the Fiscal Year
2015-16 operating budget for this program.
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24 3. The City Manager is authorized to execute said agreement, and any subsequent
25 amendments as needed.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carisbad on the 14**' day of July, 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESOWftity Clerk
(SEAL) O^VSBAO^'^^
•->-
EXHIBIT 2
Inter-Jurisdictional Agreement
REGIONAL SOLID WASTE ASSOCIATION
HOUSEHOLD HAZARDOUS WASTE INTER JURISDICTIONAL USE AGREEMENT
FOR THE FACILITY LOCATED IN THE CITY OF VISTA
TfflS AGREEMENT (the "Agreement") is made and entered into, to be effective the day
of July, 2015, by and between the Regional Solid Waste Association ("RSWA"), a joint powers agency,
and the City of Carlsbad ("Participating Jurisdiction" or "City").
RECITALS
WHEREAS, RSWA has contracted with EDCO Disposal Services ("EDCO") for the operation
of regional permanent household hazardous waste collection facility (the "Facility") in the City of
Vista (located at 1145 E. Taylor Street, Vista) that is available through RSWA to residents within the
County of San Diego;
WHEREAS, EDCO has subcontracted with Stericycle Environmental Solutions ("Stericycle")
to operate the Facility, to provide household hazardous waste door-to-door pick-up services described
herein and to coordinate with the City for the conduct of household hazardous waste collection special
events;
WHEREAS, the Facility provides the ability for residents to dispose of household hazardous
waste;
WHEREAS, the proper disposal of household hazardous waste benefits all residents of the
County of San Diego;
WHEREAS, the Facility is required to comply with all federal, state and local laws and
regulations conceming 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.
AGREEMENT
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. Duties: RSWA shall contract with EDCO for the collection and disposal of household
hazardous waste ("HHW") 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
subcontractor to provide HHW services which are the subject of this Agreement. RSWA shall require
the contractor to document and maintain records of individuals using the Facility and provide
1090721.1 5
Participating Jurisdiction access to records for review. Facility shall be open every Saturday, excluding
legal holidays and the weekends associated with such legal holidays. RSWA reserves the right to close
the Facility on any Saturday if necessary for RSWA's administrative convenience or for operational
reasons.
RSWA will contract with EDCO to provide, through EDCO's subcontractor, door-to-door
HHW collection for Carisbad residents. The City agrees to reimburse EDCO or EDCO's subcontractor
(Stericycle) for each pickup of HHW from door-to-door participants in the City. Each resident using
the services will pay $10.00 directly to EDCO or EDCO's subcontractor (Stericycle) upon collection
of their HHW. The City will be invoiced by EDCO's subcontractor (Stericycle) on a monthly basis in
the same manner as invoices are generated when City residents use the permanent HHW Facility in
the City of Vista, with invoices including the name and address of each door-to-door program
participant.
RSWA will contract with EDCO to have EDCO's subcontractor to work with City staff in
selecting an appropriate site, in obtaining the necessary permits, and scheduling up to two residential
HHW collection events per year. EDCO's subcontractor (Stericycle) will be responsible for the
disposal ofthe HHW collected, and any incidentals required to operate the event(s). The HHW special
collection event(s) shall consist of a payment per vehicle charged to the City. The City reserves the
right to cancel the event(s) for operational or budgetary reasons.
3. Term: The term of this Agreement shall end at midnight on June 30, 2020. However,
either party may terminate this Agreement prior to the tennination date, 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 reimbvu-se EDCO's subcontractor for those residents disposing of
household hazardous waste between the time of filing the notice and the termination date.
4. Billings and Pavments: The fees and services are described in Exhibit A attached
hereto. Each month, EDCO's subcontractor shall bill Participating Jurisdiction for the services
provided. Participating Jurisdiction shall pay the subcontractor within thirty (30) days of receipt ofthe
bill.
5. 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 each 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 the 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 Agreement: No oral agreement or representation by an officer, agent or employee
of either party or the contractor (EDCO) or EDCO's subcontractor (Stericycle), made before, during
or after the execution of this Agreement shall become part of this Agreement except to the extent such
1090721.1
oral agreement or representation is expressly reflected in this written Agreement or a written
amendment to this Agreement.
REGIONAL SOLID WASTE
ASSOCIATION
lomas F. Nixon
General Manager
CITY OF CARLSBAD
By:.
Kathryn^. Dodson
/t<(evCw\ City Manager
Approved as to Form
City Attomey
1090721.1 7
EXHIBIT A
SCOPE OF SERVICES AND FEES
City and RSWA agree as follows:
The parties have negotiated the fee schedule and services as follows:
1. The drop off collection and disposal program at the Vista facility is billable to the City
at a cost of $65.00 per car load for fiscal year 2015-16; and shall increase to $66.00 for fiscal years
2016-17 and 2017-18; and shall increase to $67.00 for fiscal years 2018-19 and 2019-20; and there
will be no charge for E-Waste (elecfronic waste) only loads disposed of at the Facility. Universal waste
only loads (batteries, florescent tubes and sharps) shall be billed to the City at a cost of $34.00 per car
load for fiscal years 2015-16 through 2019-20.
2. The cost of the door-to-door collection is billable to the City at a cost of $77.00 for
each collection in fiscal years 2015-16 through 2019-20. There will be a reduced charge of $61.00 for
universal waste only service per door-to-door collection; and no charge for E-Waste (electronic waste)
only service per door-to-door collection. Carlsbad residents using the services will pay $10.00 directly
to EDCO or EDCO's subcontractor (Stericycle) upon collection of their HHW unless there is no charge
for service. The City will be invoiced by EDCO or EDCO's subcontractor (Stericycle) on a monthly
basis, the price per collection minus the residential co-payment of $10.00 in the same manner as
invoices are generated when City residents use the permanent HHW facilities operated by RSWA in
the City of Vista, with invoices including the name and address of each door-to-door program
participant.
3. The Special Event Collection and Disposal Program is billable to the City at a cost of
$80.00 per vehicle load. Stericycle will work with City staff in selecting an appropriate site, in
obtaining the necessary permits and in scheduling the collection events. Stericycle will be responsible
for disposal of the HHW collected and any incidentals required to operate the event.
1090721.1 i