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HomeMy WebLinkAbout91-077 CC ResolutionRESOLUTION NO. 91-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENTERING INTO AN AGREEMENT WITH THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT PROVIDING THE DISTRICT NO COST REFUSE AND RECYCLING SERVICES TO ALL DISTRICT SCHOOL BUILDINGS LOCATED WITHIN THE CITY LIMITS OF THE CITY OF TEMECULA WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS, pursuant to California Public Resources Code Section 40059(a), the City Council of the City of Temecula ("City") has determined that the public health, safety, and well-being require that all citizens of the City of Temecula be educated concerning all aspects of the City's collection, transportation, recycling, composting, and disposal and recycling of solid waste in residential, commercial, construction, and industrial areas in the City of Temecula; and WHEREAS, the City Council of the City of Temecula proclaims that a major emphasis for waste management education must rest with the children of the City of Temecula; and therefore declares, that the Temecula Valley Unified School District ("District"), in return for waste management public education assistance and City use of District facilities, shall receive no cost refuse and recycling services from the City's exclusive franchised trash collection company, i.e., Temecula Environmental. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby grants the Temecula Valley Unified School District no cost refuse and recycling services for all District school buildings located in the City limits of the City of Temecula, as provided in the attached Agreement, pursuant to Section 5H(6)(d) of City of Temecula Resolution Number 91-54. Reso 91-77 - 1- SECTION 2. The City Council hereby authorizes the Mayor to execute the attached Agreement and the City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 23rd day of July, 1991. Ronald J. Parks, Mayor ATTEST: [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEIVIECULA ) I I-rERF. RY CERTIFY that the foregoing Resolution No. 91-77 was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 23rd day of July, 1991 by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Birdsall, Moore, Lindemans, Muffos, Parks NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Reso 91-77 June S. Greek, City Clerk -2- EXHIBIT "A" AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR NO COST REFUSE AND RECYCLING SERVICES FOR ALL DISTRICT SCHOOL BUILDINGS WITHIN THE CITY LIMITS OF THE CITY OF TEMECULA IN RETURN FOR WASTE MANAGEMENT PUBLIC EDUCATION ASSISTANCE AND CITY USE OF DISTRICT FACILITIES This Agreement ("Agreement") is entered into this 23rd day of July, 1991, by and between the CITY OF TEMECULA ("City") and TEMECULA VALLEY UNIFIED SCHOOL DISTRICT, ("District"), for no cost refuse and recycling services for all District school buildings within the city limits of the City of Temecula in return for waste management public education assistance and City use of District facilities. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 CAB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS, pursuant to California' Public Resources Code Section 40059(a), the City Council of the City of Temecula ("City") has determined that the public health, safety, and well-being require that all citizens of the City of Temecula be educated concerning all aspects of the City's collection, transportation, recycling, cornposting, and disposal and recycling of solid waste in residential, commercial, construction, and industrial areas in the City of Temecula; and WHEREAS, the City Council of the City of Temecula proclaims that a major emphasis for waste management education must rest with the children of the City of Temecula; and therefore declares, that the Temecula Valley Unified School District ("District"), in return for waste management public education assistance and City use of District facilities, shall receive no cost refuse and recycling services from the City's exclusive franchised trash collection company, i.e., Temecula Environmental. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I. GRANT OF NO COST REFUSE AND RECYCLING SERVICES. This Agreement grants no cost refuse and recycling services for all, service area defined below, District buildings as provided herein and pursuant to Section 5H(6)(d) of the Franchise Agreement between the City of Temecula and Temecula Environmental, as approved by City as Resolution No. 91-54. Services shall include bins or rolloffs for the collection of refuse, recyclables, and greenwastes. SECTION 2, DEFINITIONS. Whenever any term used in this Agreement has been defined by Chapter 6.10 of the Temecula Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. A. Custodial Services. "Custodial Services" shall mean the opening and closing of a facility, setting up tables and chairs in the desired configuration, returning the tables and chairs to storage after use, and providing general janitorial services preparing a facility for reuse. Excessive janitorial problems and damage is the user's responsibility for cleaning and repairing to restore a facility to its original condition. B. Bins. "Bins" shall mean those containers provided by Grantee for commercial, industrial, construction, and multi-family residential uses. Bins are usually 3 cubic yards in size which are picked up by refuse trucks by means of front loading apparatus. C. Special Wastes. "Special Wastes" shall mean the list, which is set forth on Exhibit "B, .... Special Wastes," contained in City's Resolution 91-54. SECTION 3. SERVICE AREA. A. Service Area Defined. The Service Area shall be all school buildings, District offices, and other facilities owned, operated, and under the jurisdiction of District that require refuse service and are within the City limits of the City of Temecula. New facilities constructed will require District to notify City sixty (60) days in advance of the commencement of new refuse and recycling services. As provided below, the Service Area may be changed. 2 B. Annexations. District school buildings in new areas annexed to the City are eligible for no cost refuse and recycling services once any existing refuse collection agreements have expired or are legally canceled by District. District will notify City sixty (60) days in advance for new refuse and recycling services. SECTION 4. SERVICES PROVIDED BY DISTRICT. A. Compost Purchasing Consideration. District agrees to thoroughly evaluate, e.g., cost analysis, compost facility site visit, soil analysis, etc., the purchase and use of compost, by District and all landscaping contractors working for District, produced by Recyc Incorporated, the company that shall compost all greenwastes collected by Temecula Environmental in the City of Temecula. Compost purchases generated within the City of Temecula will reduce Recyc's greenwastes acceptance fees charged to Temecula Environmental, which are ultimately passed on to all residents in the City of Temecula. B. Brochure and Flyer Distribution. When requested, District agrees to distribute waste management brochures and flyers to all students attending school in the District. Brochures and flyers will be provided by Temecula Environmental in separated stacks of 35 to assist District in the distribution effort. C. Coloring Book Distribution. When requested, District agrees to distribute waste management coloring books to all targeted students attending school in the District. Coloring books will be provided by Temecula Environmental in separated boxes of 35 to assist District in the distribution effort. D. Presentations. Twice each school year, District agrees to assist Temecula Environmental in the coordination, audio/visual support, and facility use for Temecula Environmental to provide waste management presentations, in an assembly type form, to all non-high school students in the District. Twice each school year, District agrees to assist Temecula Environmental in the coordination, audio/visual support, and facility use for Temecula Environmental to provide waste management presentations, in a class or group form, to all District targeted high school classes and groups in the District. E. Facility Support. District agrees to provide City with no cost use and custodial services of District facilities for primary use for all City of Temecula Commission meetings and City Council meetings and study sessions. The Temecula Middle School's Multipurpose Room shall become the designated location for all City 3 Council meetings and study sessions upon the completion of this facility, estimated November 1, 1991. Vail Elementary School's Multipurpose Room shall become the designated location for all Commission meetings. As of the effective date of this agreement, District facilities for Commission meetings shall be provided by District and at no cost for their use and custodial services. If District facilities shall not be used by City on the designated days identified herein, City agrees to notify District as soon as possible. City agrees to provide four signs to District in support of City Council meetings and study sessions. Two free standing 2' X 2' signs, one for each parking lot, which shall read: "City Council Meeting" with an arrow pointing to the entrance to the Temecula Middle School's Multipurpose Room. One free standing 2' X 2' sign, which shall read: "Designated Smoking Area - Please Use Receptacles." One 2' X 2' sign, which shall read: "Restricted Area - School Staff Only." (1) City shall provide audio and visual equipment and connections necessary to interface with District's public address systems, their setup, removal, and storage. District shall exercise reasonable security for City property temporarily stored at District facilities; however, District shall not be held responsible for said City property. (2) City shall follow the District's rules and regulations for use of District facilities. When City uses District facilities, City shall observe and enforce the District's no smoking policy in all District facilities. An outdoor designated smoking area will be established by District. City shall enforce the use of this area and the District provided receptacles. (3) For City Council meetings and study sessions, the facility support constitutes the use of the Temecula Middle School's Multipurpose Room for four/five days of each month. For Commission meetings, the facility support constitutes the use of Vail Elementary School's Multipurpose Room for five days of each month. Since significant logistics are involved in relocating these meetings, e.g., television taping and future live broadcasts, public notification, etc., District agrees to allow City the exclusive use of these facilities on the designated dates and times herein. (4) Each Commission meeting and City Council meeting and study session will conclude no later than i 1:59 P.M. (5) City Council meetings and study sessions are scheduled every Tuesday night beginning at 7:00 P.M. with setup occurring at 5:00 P.M. (6) Planning Commission - 1st and 3rd Monday of each month starting at 6:00 P.M. with setup occurring at 5:00 P.M. (7) Parks and Recreation Commission - 2nd Monday of each month starting at 7:00 P.M. with setup occurring at 6:00 P.M. (8) Public Safety Commission - 4th Thursday of each month starting at 7:00 P.M. with setup occurring at 6:00 P.M. (9) Traffic Commission - 4th Wednesday of each month starting at 7:00 P.M. with setup occurring at 6:00 P.M. SECTION 5. TERM. EXTENSIONS, AND TERMINATION. The term of this Agreement shall be for ten (10) years, and shall commence on August 1, 1991, and expire on July 31, 2001; provided that this agreement may be terminated by either party upon ninety (90) days written notice to the other party. In the event that Temecula Environmental's Franchise Agreement is extended for an additional ten (10) years, then this Agreement may be automatically extended, upon mutual consent of both parties, to expire simultaneously with Temecula Environmental's new franchise expiration date. This Agreement may be amended by mutual consent. SECTION 6. GOVERNMENT LIAISON PERSON. The District shall designate a "government liaison person" who shall be responsible for working with the City Manager or the City Manager's designated representative to resolve any problems which may surface. SECTION 7. INDEMNIFICATION. A. Indemnification of City. The District shall indemnify, defend, and hold the City, its affiliates, and their respective officers, directors, employees, and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, costs, and expenses (including reasonable attorney's fees) arising from or in any manner related to the acts or omissions of the District, its officers, employees, agents, or contractors under this agreement. 5 B. Indemnification of District. The City shall indemnify, defend, and hold the District, its affiliates, and their respective officers, directors, employees, and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, costs, and expenses (including reasonable attorney's fees) arising from or in any manner related to the acts or omissions of the City, its officers, employees, agents, or contractors under this agreement. SECTION 8. GENERAL PROVISIONS. A. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by telecopier(fax), or United States certified mail, postage prepaid, return receipt requested, and addressed as follows: To City: City of Temecula 43172 Business Park Drive Temecula, California 92390 Attention: David F. Dixon, City Manager Telecopier: (714) 694-1999 Copy to: City Attorney 3200 Bristol Street, Suite 640 Costa Mesa, CA 92626 Copy To: Temecula Environmental 233 West Markham Street Perris, California 92370 To District: Temecula Valley Unified School District P. O. Box 279 Temecula, California 92390 Attention: Dr. Patricia B. Novotney, Superintendent Telecopier: (714) 699-5088 or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. 6 B. Savings Clause and Entirety. If any non-material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. WITNESS the execution of this Agreement on the day and year written above. CITY OF TEMECULA By: Ronald J. Parks, Mayor ATTEST: ju~, City'~lerk~~ ~ APPROVED AS TO FORM: ~ cot~t ~. Field, City Attorney TEMECULA VALLEY UNIFIED SCHOOL DISTRICT By: Joan F. Sparkman, Governing Board Clerk