HomeMy WebLinkAbout2020-07-14; City Council; Resolution 2020-141EXHIBIT 1
RESOLUTION NO. 2020-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE REGIONAL SOLID WASTE ASSOCIATION (RSWA) FOR
RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE (HHW) COLLECTION
PROGRAM SERVICES FOR A FIVE-YEAR TERM.
WHEREAS, Assembly Bill (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, AB 939 further requires all jurisdictions to prepare an HHW plan which identifies
program elements; and
WHEREAS, RSWA is a Joint Powers Agency (JPA) comprised of the cities of Del Mar, Encinitas,
Escondido, National City, Poway, Solana Beach and Vista. RSWA's primary purpose is to provide stable,
long-term, environmentally responsible, cost-effective options for all aspects of solid waste disposal,
including recyclables and HHW; and
WHEREAS, the city sponsors various HHW collection programs: door-to-door HHW program,
HHW drop-off service at the Vista facility and the annual one-day HHW drop-off event; and
WHEREAS, the city reports the amounts diverted through these programs to the State of
California Department of Resources Recycling and Recovery (CalRecycle) on an annual basis; and
WHEREAS, the City Council for the City of Carlsbad has determined it is in the city's best interest
to partner again with RSWA for a 5-year HHW disposal agreement and has appropriated funds in the
fiscal year 2020-21 Sustainable Materials Management operating budget.
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. That the RSWA Household Hazardous Waste Inter-Jurisdictional Use Agreement between the
City of Carlsbad and the RSWA, attached hereto as Attachment A, is hereby approved.
July 14, 2020 Item #10 Page 4 of 9
3. That the City Manager is authorized to execute said agreement, and any subsequent
amendments as needed.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 14th day of July 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
BRBAA ENGLESO Cle k
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ATTACH M E NT A
Inter-Jurisdictional Agreement
REGIONAL SOLID WASTE ASSOCIATION
HOUSEHOLD HAZARDOUS WASTE INTER-JURISDICTIONAL USE AGREEMENT
FOR THE FACILITY LOCATED IN THE CITY OF VISTA
MS AGREEMENT (the "Agreement") is made and entered into, to be effective the 1st day
of July, 2020, 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 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.
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 ("MAW") 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 HMV 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
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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's obligation to contract with EDCO for operation of the Facility pursuant to this
Agreement is subject to the continued authorization by the City of Vista, which owns the Facility.
RSWA will contract with EDCO to provide, through EDCO's subcontractor, door-to-door
HEIW collection for Carlsbad residents. The City agrees to reimburse EDCO or EDCO' s subcontractor
(Stericycle) for each pickup of 111-1W 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 111-IW 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
HEIW collection events per year. EDCO's subcontractor (Stericycle) will be responsible for the
disposal of the HEIW collected, and any incidentals required to operate the event(s). The HE1W 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, 2025. However,
either party may terminate this Agreement prior to the termination 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 reimburse 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 Payments: 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 of the
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.
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CIT OJI ARLSBAD
Scow adwick
City Manager
By:
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
oral agreement or representation is expressly reflected in this written Agreement or a written
amendment to this Agreement.
7. Counterparts: This Agreement may be executed in several counterparts, each of
which shall be deemed an original, and all of such counterparts together shall constitute one and
the same instrument. These counterparts may be transmitted by facsimile or other electronic
signature (including Portable Document Format (PDF)) by either of the parties and the receiving
party may rely on the receipt of such document so executed and delivered electronically or by
facsimile as if the original had been received.
REGIONAL SOLID WASTE
ASSOCIATION
By:
J 2es H. Eggart
General Manager
Approved as to Form
By:
Celia A. Brewer
City Attorney
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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 $72.00 per car load for fiscal year 2020-21; and shall increase to $74.00 per car load for
fiscal year 2021-22 ; and shall increase to $76.00 per car load for fiscal year 2022-23 ;and shall increase
to $78.00 per car load for fiscal year 2023-24; and shall increase to $80.00 per car load for fiscal year
2024-25; and there will be no charge for E-Waste (electronic 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 $36.00 per car load for fiscal years 2020-21 through 2024-2025.
2. The cost of the door-to-door collection is billable to the City at a cost of $82.00 for
each collection in fiscal years 2020-21 through 2024-25. There will be a reduced charge of $65.00 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
$85.00 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.
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