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HomeMy WebLinkAbout1998-12-08; City Council; Resolution 98-402- c - c 0 0 1 RESOLUTION NO. 98-402 2 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING EXECUTION OF HOUSEHOLD HAZARDOUS WASTE USE AGREEMENT WITH THE CITY OF VISTA WHEREAS, AB 939 mandates all jurisdictions in the State of California providl 6 households within the jurisdiction; and 7 safe collection, recycling, treatment and disposal of hazardous wastes gener, 8 WHEREAS AB 939 further requires all jurisdictions to prepare a Household Hz 9 Waste Element which identifies program elements; and 10 WHEREAS, the City Council of the City of Carlsbad has determined it is in tl 11 best interest to participate in the City of Vista's program. 12 NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of ( 13 as follows: 14 15 1. The above recitations are true and correct. 2. The Household Hazardous Waste Use Agreement Between The City of 1 16 17 18 19 and City of Vista is hereby approved. 3. The City Manager is authorized to execute said agreement on behalf of th Carlsbad. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsl regular meeting held on the 8th day of December , 1998, by the following vote 2o I 21 22 23 ABSENT: None AYES: Council Members Lewis, Finn NOES: None 24 25 26 I a-mkLAb Q\4 ALETHA L. RAUTENKRANZ, ( 27 28 - 0 CITY OF VISTA *c HOUSEHOLD HAZARDOUS WASTE USE AGREEMENT THIS AGREEMENT (the “Agreement”), made and entered into this daY of - , 1998 by and between the City of Vista (“Vista”), a municipal corporation and the City of 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. The above recitals are true and correct. 2. 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. 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 hty (30) days prior written notice 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 Participating Jurisdiction agrees to reimburse Vista for those residents disposing of household hazardous waste between the time of filing the notice and the termination date. 4. Billinm and Pament. 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 - I Jurisdictio l!m articipating Jurisdiction shall pay Vista a in forty-five (45) days of receipt of bill. 5. Dimute. 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 continue a representative of the Participating Jurisdiction’s staff and Vista Public Works Direct 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 (20) 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 fiom seeking remedies available to them at law. 6. Oral Aereements. No oral agreement or representation by an officer, agent, or employee of either party or the hazardous waste contractor made before, during or afte 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. CITY OF VISTA Rita Geldert, City Manager PARTICIPATING JURISDICTION City Manager, Carlsbad Title APPROVED AS TO FORM J. Wayne Dernetz, City Attorney By: