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HomeMy WebLinkAbout05/17/1994, C-1 - MINUTES Council Agenda Tuesday, May 17, 1994 C-1 COUNCIL MINUTES (GLADWELL) Consideration of the minutes of Tuesday, May 3, 1994 at 7:00 PM. ♦ RECOMMENDATION: By motion, waive oral reading and approve minutes as amended. (Minutes will be distributed at a later date.) QI�I�IIp�IIWllllllllll IIIyr MEETING DATE: city or u I �� c�`"'JJ san tins osispo May 17, 1994 COUNCIL AGENDA REPORT SEM FROM: John Mossim PREPARED BY: Cyndi Butterfield Utilities D' ctor Solid Waste Coordinator SUBJECT: Memorandum of Agreement with the Garbagemen's Association providing consent for recycle only household hazardous collection events CAO RECOMMENDATION Receive report on Memorandum of Agreement.and by motion approve the terms of the agreement. DISCUSSION San Luis Garbage Co., in cooperation with the San Luis Obispo County Garbagemen's association, provides periodic events throughout the county for the collection of recyclable household hazardous wastes. The products collected include used motor oil, latex paint, antifreeze and auto batteries. Magazines and catalogs have also been collected at the last two events. Separate collection of these products avoids the extensive permitting and high costs. involved in collection, storage and disposal of all other household hazardous wastes (hhw). The City has contributed funds toward promoting the events and contributes oil collection and storage containers which are given to the first 20 people who bring in oil for recycling. In order to comply with state law, anyone collecting these recyclables must have an agreement with a public agency to do so. Rather than signing an agreement for each event, this MOA has been written to provide the needed consent for the period of fiscal year 1994- 1995. 9941995. It also holds the Garbagemen's association responsible for adhering to specific state mandated conditions. A copy of the agreement is available for.your review in the Council office. These events have proven to be very successful in terms of amounts collected and numbers of participants. The results of the May 23 event will be included in the next Solid Waste Update. CONCURRENCES This agreement has been reviewed and approved by Administration, the Attorney's office and the City Clerk. FISCAL IMPACTS There are no direct fiscal impacts related to this agreement MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO COUNTY GARBAGEMEN'S.ASSOCIATION This Memorandum of Agreement (hereinafter referred to as "Agreement") is made and entered into this day of : 1993, by and.between the City of San Luis Obispo (hereinafter referred to as "City") and the. San Luis Obispo Garbagemen's Association (hereinafter referred to as "Association'. This Agreement seeks to define and delineate the responsibilities of the City and of the Association during a limited time frame for the implementation of periodic events held within the incorporated City for the collection of recyclable household hazardous wastes. RECITALS Whereas, the California Health and Safety Code, Section 25201 (c) provides that a hazardous waste facilities permit is not required for a household hazardous waste collection facility operated by a person (Association) under a written agreement with a public agency (City) under specific conditions; and Whereas, there is a need within the City.to provide methods of collecting recyclable household hazardous wastes listed in Health and Safety Code, Section 25201 (c) as limited to latex paint, used oil, antifreeze, spent lead-acid batteries and listed small batteries; and Whereas, the Association proposes to conduct periodic events for collection of specified recyclable household hazardous wastes in the incorporated City; and Whereas, The Association has previously provided a successful and appropriately implemented event for collection of recyclable household hazardous wastes within the City. Now, therefore,it is understood and mutually agreed: 1. The Association shall arrange for periodic events within the incorporated City for collection and subsequent transport to an authorized recycling facility or an authorized household hazardous waste collection facility of specified recyclable household hazardous wastes. 2. The Association shall arrange for the collection and transport of recyclable household hazardous wastes limited to latex paint; used oil; antifreeze; spent lead-acid batteries; and nickel-cadmium, alkaline, carbon-zinc, or other small batteries, if the collection facility is in compliance with Section 25216.1. 3. The Association shall not receive or handle any hazardous wastes other than the materials .specified in paragraph. (2) at any collection event for recyclable household hazardous4astes within the City. �-a -a 4. The Association shall arrange for and secure access to the facility site for the periodic collection event 5. The Association shall operate all periodic events for collection of recyclable household hazardous wastes within the City in accordance with Health and Safety Code, Section 25201 and any other laws or regulations imposed by state or federal agencies. 6. The Association shall arrange and pay for advertising, labor, rent, insurance and disposal costs and any other related work and costs associated with the collection events within the City. 7. The City shall contribute to the costs of advertising for collection events within the City and shall reimburse the Association for an agreed upon amount after receipt of an invoice from the Association. 8. The Association shall provide the City with notification of the date, time and place of the event at least one month prior to the collection event 9. This agreement shall take effect upon its execution by the City and the Association and shall apply to collection events held within the City during the fiscal year 1994-1995. 10. The Association agrees to indemnify, and save harmless the City and its officers and employees from any and all claims, demands, damages, costs, expenses or liabilities arising out of or occasioned by any act or omission to act by the Association pursuant to this agreement, including, but not limited to, any act.or omission to act on the part of the Association's agents or employees or independent contractors directly responsible to the Association. In no event shall the City be considered a generator, operator..arranger, owner, or transporter of household hazardous wastes under or arising out of this agreement. 11. The City or the Association may terminate this agreement with 30 days written notice. In witness whereof, City and IObT d this Agreement on the day and year first written above. Da e Garbagemen's Association � Z � 9 •t 4?tive��Officer Date 2 c-a- 3 APPROVED AS TO FORM /*eor ty Attorney Date ATTEST i oe Gladwell, City Clerk Date 3