Contract - Costa Mesa, City of - 1993-11-01 AGREEMENT
1. 01 THIS AGREEMENT made and entered into this 1st day of
November, 1993 , by and between the CITY OF COSTA MESA, a municipal
corporation (hereinafter "CITY") and the COSTA MESA SANITARY
DISTRICT, a 1923 District Act agency (hereinafter "DISTRICT") .
1. 02 RECITALS:
WHEREAS, CITY is charged with compliance with the
Integrated Waste Management Act of 1989 (Public Resources Code
("PRC") § 40000 et seq. , popularly known as AB 939 (hereinafter
"ACT") ; and
WHEREAS, CITY has adopted certain ordinances and
resolutions relating to the administration of the CITY's
obligations including a fee resolution authorized by PRC § 41901;
and
WHEREAS, CITY has set said fee at seventy-five cents
($0. 75) per ton of solid waste picked up which is to be imposed
upon the producer of solid waster collected by the hauler on behalf
of the CITY; and
WHEREAS, DISTRICT has in place contracts with both a
trash hauler for single family residences and with a recycling
processor; and
WHEREAS, CITY desires DISTRICT to assume a portion of the
obligations of the ACT as shall hereinafter appear.
NOW, THEREFORE, for and in consideration of the covenants
herein contained, performed and to be performed, the parties hereto
agree as follows:
2 . 00 WAIVER OF FEE:
2 . 01 CITY agrees to waive the DISTRICT obligation to pay fees
established by CITY Resolution No. 93-14 .
2 . 02 CITY reserves the right to re-impose the fee under
Resolution No. 93-14 on DISTRICT, its contract hauler and single
family residential customers in the event the CITY determines the
DISTRICT and its contract hauler are not in compliance with
Ordinance Nos. 92-31 and 93-7 and the ACT. CITY shall give thirty
(30) days written notice to the DISTRICT of its determination and
re-imposition of the fee. The re-imposition of the fee under
Resolution No. 93-14 shall not waive the DISTRICT'S obligations
under this Agreement for any fines due to DISTRICT or contract
haulers's non-compliance with Ordinance Nos. 92-31 and 93-7 and the
ACT.
3 . 00 DISTRICT OBLIGATIONS:
3 . 01 In exchange for a waiver of the CITY imposed fees
established by CITY Resolution No. 93-14 , passed and adopted by the
CITY on March 15, 1993 , and any subsequent resolutions affecting
said fee, the DISTRICT agrees to assume all responsibilities and
obligations under Ordinance No. 92-31 and 93-7, and as may be
amended, which implement the CITY's requirements under the ACT.
DISTRICT agrees to assume the responsibilities of CITY under the
ACT for single family residences within CITY and will accept all
liability, including fines, damages, costs, and attorneys fees,
associated with the non-performance of DISTRICT, its contract
hauler and its usable recovery's contractor on single-family
residences in that portion of the DISTRICT lying within the
geographical boundaries of CITY, and for any fine imposed on CITY
by the California Waste Management Board under the ACT based on
non-performance by DISTRICT'S contractors. CITY and DISTRICT
recognize that the right to impose fines by the California Waste
Management Board for non-compliance with the ACT was suspended as
part of the adoption of the 1993-94 State budget.
3 . 02 DISTRICT agrees that in the event the right to impose
fines is reinstated, the DISTRICT will reimburse CITY for any loss
it might incur by way of fine for the failure of DISTRICT or its
contractors to meet the requirements of the Act. DISTRICT will
post a performance bond equivalent to one day's fine to guarantee
its performance of the obligation set forth herein.
3 . 03 DISTRICT shall compile such reports and other
informational data as may be required by CITY and shall submit them
to CITY from time to time to show compliance with District's
obligations under this Agreement.
3 . 04 DISTRICT will continue to provide, in conjunction with
the publisher, the collection of telephone directories and their
recycling into usable materials without cost to the CITY.
3 . 05 DISTRICT will advertise a City-wide Christmas tree
recycling program including the collection of trees from residents
served by curbside service and deliver to a central location as
determined by the City. The City will provide a contractor to
reduce the trees to mulch and remove material.
3 . 06 DISTRICT agrees, where others have contributed to the
collection of trees or directories, to apportion the tonnage
collected toward the tonnage requirements of other producers of
solid waste such as commercial, multiple housing, industrial and
institutional producers.
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3 . 07 The obligations of DISTRICT under this Agreement are
limited to single-family residences and do not include multiple
family residences where DISTRICT'S contractor does not now serve,
commercial or industrial developments or institutional
developments.
5. 00 GENERAL TERMS:
5. 01 The term of this Agreement shall be for one (1) year from
the date of the last approval by the legislative body of either
CITY or DISTRICT and shall be reviewable annually, unless either
party provides thirty (30) days written notice to the other party
on its intent not to renew this Agreement.
5. 02 This Agreement is separate and distinct from the Joint
Powers Authority Agreement, as the same now exists or may be
amended or superseded, between CITY and DISTRICT relating to the
operation of the DISTRICT.
5 . 03 This Agreement shall become binding upon the parties when
each has approved its execution by its elective body.
DATED:T4rb ,5 /9q 3 CITY OF COSTA MESA,
a municipal corporation
BY:- -ALL _
- _
ayor
ATTEST: APPROVED AS TO FORM:
0>\-4}"-t'' ,, 9 1404 1-r--5)
Deputy City Clerk Ci y Attorney
DATED: Ztt--, /7, I 1 q3 COSTA MESA SANITARY DISTRICT,
a Sanitary District of the
1923 District Act
ATTEST:
44L
District Secretary Pr-si ent
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