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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. 26 27 28 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 7 safe collection, recycling, treatment and disposal of hazardous wastes generated by households 8 within the jurisdiction; and 9 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 13 14 15 16 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. 19 20 21 22 23 24 3. The City Manager is authorized to execute said agreement, and any subsequent 25 amendments as needed. /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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