HomeMy WebLinkAbout2009-04-28 City Council Item No. 7 CITY OF •••N,
LAKL 0 411 LSII1.O E
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: April 28, 2009
SUBJECT: HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT —
COUNTY OF RIVERSIDE WASTE MANAGEMENT DEPARTMENT
Background
In 1995, the City of Lake Elsinore offered a Household Hazardous Waste Collection
program for city residents, in partnership with local County Fire Department Hazardous
Materials Divisions. Subsequently, in 2000, the County of Riverside Department of
Environmental Health took over the collection program for Riverside County. In May of
2006, staff received a letter from the Director of the County of Riverside Department of
Environmental Health advising the City that the County Board of Supervisors approved
the transfer of the Household Hazardous Waste (HHW) Collection program from the
Department of Environmental Health to the Waste Management Department. Through
an agreement with Riverside County, the City of Lake Elsinore jointly operates the HHW
Collection Program on the first Saturday of every month. Last year, Riverside County
Waste Management received grant funding to expand the footprint of the City's HHW
Facility. This work consisted of additional paving, new gates, and the relocation of the
Re -use facility. This is to accommodate the collection of E -Waste at all current events.
Discussion
The document being considered with this agenda item is an updated agreement with
Riverside County for the collection of Household Hazardous Waste. The last
agreement was in effect from July 1, 2006 through June 30, 2007 and the program
continued under the details of this agreement until now. The proposed agreement is
very similar to the one which expired in 2007 with very minor changes. This agreement
has been reviewed by the City Attorney's office and County Counsel.
Agenda Item No. 7
Page 1 of 11
Professional Services Contract
April 28, 2009
Page 2
Fiscal Impact
None.
Recommendation
Approve the agreement with the County of Riverside Waste Management Department
for collection of Household Hazardous Waste.
Prepared by: Nicole Fields
Engineering Te hnician II
Ken A. Seumalo
Director of Public Works
Approved by: Robert A. Brady 4
City Manager
Agenda Item No. 7
Page 2 of 11
1 AGREEMENT BETWEEN COUNTY OF RIVERSIDE
AND CITY OF LAKE ELSINORE FOR
2
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
3
4 This Agreement is made and entered into by and between the City of Lake Elsinore,
5 hereinafter called "CITY," and the County of Riverside through the Waste Management
6 Department, hereinafter called "COUNTY," to establish the responsibilities of each party in
7 implementing COUNTY'S Household Hazardous Waste ( "HHW ") Collection Program in CITY.
8 RECITALS
9 WHEREAS, CITY and COUNTY recognize that it is in the public interest to establish
10 and implement waste diversion and separation programs to prevent disposal of hazardous waste,
11 including household hazardous waste, in landfills; and,
12 WHEREAS, COUNTY has a well- developed and established HHW Collection Program,
13 for the purpose of diverting and properly managing household hazardous waste; and,
14 WHEREAS, CITY and County jointly operate an existing Permanent HHW Collection
15 Facility ( "PHHWCF ") located on land owned by CITY at 521 North Langstaff Street in CITY,
16 suitable for conducting household hazardous waste collection for the benefit of CITY and
17 COUNTY citizens.
18 NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
19. herein contained, the Parties mutually agree as follows:
20 1. COUNTY'S DUTIES
21 1.1 COUNTY agrees to provide and /or perform the following duties to
22 implement COUNTY'S HHW Collection Program in CITY:
23 1.1.1 Operate the CITY owned and permitted PHHWCF at 521 North
24 Langstaff Street, on behalf of CITY.
1
25 Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program Agenda Item No. 7
PD #42676 v5 Page 3 of 11
1 1.1.2 Obtain and fund the services of a state - certified, licensed, bonded
2 and insured hazardous waste transportation and disposal company through the competitive
3 bidding process, with all costs for disposal of residentially generated waste, staffing, and
4 implementation of the program remaining the responsibility of COUNTY.
5 1.1.3 Provide regional advertising of PHHWCF and HHW collection
6 schedule and events.
7 1.1.4 Provide liability coverage and indemnification to the extent
8 specified in Section 5, with insurance coverage provided through COUNTY'S self - insurance
9 program.
10 1.1.5 Determine that the hazardous waste disposal company contracted
11 for the PHHWCF has obtained appropriate certificates of insurance that meet the criteria as
12 established in the Code of Federal Regulations, Title 49, California Health and Safety Code, and
13 for Workers' Compensation coverage.
14 1.1.6 Clean up any spills at the designated site associated with the
15 PHHWCF and, upon completion of the operating day, clean up the designated site to the
16 condition existing prior to the beginning of the operating day.
17 1.1.7 Prepare all of the necessary permit and variance applications for
18 signature by City and submit to the State of California, Environmental Protection Agency,
19 Department of Toxic Substances Control and COUNTY's Community Health Agency,
20 Department of Environmental Health, Certified Unified Program Agency known as the CUPA.
21 1.1.8 During operations, ensure that staffing to assist in site security and
22 in the receiving, classifying, packaging, and transportation off - site of HHW received will be
23 provided, either by COUNTY or the contracted disposal company, or by a representative from
24 CITY supervising the activities at the PHHWCF.
2
25 Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program Agenda Item No. 7
PD #41676 v5 Page 4 of 11
1 1.1.9 Ensure that the contracted hazardous waste disposal company
2 completes the off -site transportation and ultimate recycling or disposal of the hazardous waste, in
3 accordance with State and Federal hazardous waste management and transportation laws.
4 1.1.10 Purchase equipment necessary to manage and run the HHW site.
5 1.1.11 Act as an independent contractor in the performance of its
6 obligations hereunder, being subject to the control or direction of CITY merely as to the result to
7 be accomplished by the services hereunder, and not as to the means and methods for
8 accomplishing the results. COUNTY assumes exclusively the responsibility for its acts, and the
9 acts of its employees or agents as they relate to the services to be provided under this Agreement;
10 COUNTY shall not be entitled to any benefits payable to employees of CITY, including CITY
11 workers' compensation benefits, and hereby holds CITY harmless from any and all claims that
12 may be made against CITY based upon any contention by any third party that an employer -
13 employee relationship exists by reason of this Agreement.
14 2. CITY'S DUTIES
15 2.1 CITY agrees to provide properly permitted, City -owned site, currently
16 located at 521 North Langstaff Street, Lake Elsinore, CA 92530, satisfactory to COUNTY that
17 meets the following requirements:
18 2.1.1 Safety considerations.
19 2.1.2 Convenient to the public.
20 2.1.3 Safe and convenient traffic flow.
21 2.1.4 Available work space for handling, packaging, and transportation
22 of hazardous waste.
23 2.1.5 Covered concrete or asphalt work area.
24
-3-
25 Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program Agenda Item No. 7
PD #42676 v5 Page 5 of 11
1 2.1.6 Access to gates, water, electrical, and restroom facilities for the
2 duration of the PHHWCF operating day(s).
3 2.2 CITY shall be responsible for the following activities:
4 2.2.1 Advertising of the PHHWCF to CITY's residents through local
5 news media, distribution of printed flyers and /or posters, and community service organizations at
6 CITY expense;
7 2.2.2 May utilize volunteers for specific tasks, such as traffic control,
8 handing out of flyers, surveys, etc., with any personnel within the Collection site subject to
9 COUNTY approval.
10 2.2.3 Ensure that a representative from CITY operates the Waste
11 Exchange and oversees the PHHWCF operating day(s) activities.
12 2.2.4 Provide keys to PHHWCF location to COUNTY for access during
13 non - operation hours.
14 3. JOINT PROVISIONS
15 3.1 COUNTY and CITY shall undertake joint responsibility for planning and
16 coordination meetings with CITY'S City Manager's office, COUNTY'S Waste Management
17 Department, CITY'S Fire Department, and other departments or agency representatives, as
18 necessary.
19 3.2 All equipment purchased by COUNTY will remain property of COUNTY,
20 and all equipment purchased by CITY will remain property of CITY at conclusion of agreement.
21 3.3 The days and hours of operation for the PHHWCF will be 9:00 am to 2:00
22 pm on the first Saturday of each month (excluding December and January, and holiday
23 weekends). If the PHHWCF's operating day falls on a holiday weekend, a mutually agreed upon
24 date will replace the holiday date.
4
25 Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program Agenda Item No. 7
PD #42676 v5 Page 6 of 11
1 4. HHW COLLECTION PROGRAM
2 4.1 The PHHWCF shall meet the following operation standards:
3 4.1.1 Traffic cones will be set up to control traffic flow and minimize
4 traffic congestion through the collection facility.
5 4.1.2 All participants' vehicles will have trunks open upon entering the
6 restricted zone, and occupant will participate in a survey to be designed for both CITY and
7 COUNTY use. Only authorized, trained personnel will be allowed in the restricted waste
8 handling areas. The restricted areas will include the following:
9 4.1.2.1 Vehicle unloading area;
10 4.1.2.2 Categorization and waste packaging area;
11 4.1.2.3 Area for processing "unknown" wastes to determine hazard
12 class.
13 4.1.3 Trained, contracted or COUNTY staff will segregate wastes
14 according to hazard class, package compatible materials into Federal Department of
15 Transportation approved hazardous materials shipping containers, and fill with inert, moisture
16 absorbent, granular, packing material as appropriate. Each shipping container will be labeled
17 and marked in accordance with State and Federal laws and regulations.
18 4.1.4 Shipping papers will consist of written Hazardous Waste Manifests
19 and Bills of Lading according to the appropriate waste stream profile.
20 4.1.5 COUNTY shall retain copies of each Hazardous Waste Manifest
21 and /or Bill of Lading for a minimum of three years as prescribed by law.
22 4.1.6 All waste classification, packaging, labeling, marking, manifesting,
23 and transportation, for recycling and /or disposal of hazardous waste shall be done in accordance
24
5
25 Agreement with City of Lake Elsinore Agenda Item No. 7
Household Hazardous Waste Collection Program
PD #42676 v5 Page 7 of 11
1 with all applicable Federal and State laws and regulations pertaining to household hazardous
2 waste.
3 4.1.7 COUNTY will have the responsibility concerning the disposition
4 of the hazardous waste collected from the HHW Collection Program, with concurrence of the
5 contracted hazardous waste transportation and disposal company.
6 4.1.8 Reuse and recycling, rather than disposal, will be considered as the
7 primary waste management methods for material that can be reused or recycled in a timely and
8 cost effective manner.
9 4.1.9 Treatment methods of detoxification and /or incineration will be
10 considered before Class I landfill disposal.
11 4.1.10 All final recycling, treatment, and disposal facilities considered
12 must be authorized by the appropriate State and /or Federal regulatory agencies and found
13 without substantial violations.
14 4.1.11 Effort will be made to recycle water -based paint so that it can be
15 utilized for graffiti abatement projects or other useful purposes.
16 4.1.12 COUNTY or contracted personnel will remain on -site until all
17 hazardous waste is properly packaged, stowed and removed from the PHHWCF site in secured
18 trailers to prevent the potential for spills or release to the PHHWCF site, unless prior
19 arrangements are made with CITY.
20 4.1.13 During the operating days, COUNTY'S Community Health
21 Agency, Department of Environmental Health/County Fire Department Hazardous Materials
22 Emergency Response Team will be on call.
23 4.1.14 COUNTY requires that this program be open and available to any
24 resident of COUNTY and that non - residentially generated waste is excluded from acceptance.
6
25 Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program Agenda Item No. 7
PD #42676 v5 Page 8 of 11
1 4.1.15 COUNTY will provide a report to CITY that will quantify the
2 amount and types of HHW collected at the PHHWCF.
3 5. HOLD HARMLESS
4 5.1 CITY shall indemnify and hold harmless COUNTY, its Agencies,
5 Districts, Special Districts and Departments, their respective directors, officers, Board of
6 Supervisors, elected and appointed officials, employees, agents and representatives (the
7 "COUNTY'S Indemnified Parties ") from any liability, claim, action or damage whatsoever,
8 including but not limited to, property damage, bodily injury, or death, based or asserted upon any
9 act or omission of CITY, its officers, employees, subcontractors, agents or representatives arising
10 out of or in any way relating to this Agreement and CITY shall defend at its sole expense and
11 pay all costs and fees, including but not limited to, attorney fees, cost of investigation, defense
12 and settlements or awards, on behalf of the COUNTY'S Indemnified Parties in any such claim or
13 action.
14 5.2 COUNTY shall indemnify and hold harmless CITY, its officers,
15 employees, subcontractors, agents or representatives (the "CITY'S Indemnified Parties ") from
16 any liability whatsoever, including but not limited to, property damage, bodily injury, or death,
17 based or asserted upon any services of COUNTY, its Agencies, Districts, Special Districts and
18 Departments, their respective directors, officers, Board of Supervisors, elected and appointed
19 officials, employees, agents and representatives arising out of or in any way relating to this
20 Agreement and COUNTY shall defend at its sole expense and pay all costs and fees, including
21 but not limited to, attorney fees, cost of investigation, defense and settlements or awards, on
22 behalf of the CITY'S Indemnified Parties in any claim or action based upon such liability.
23 5.3 With respect to any action or claim subject to indemnification herein, the
24 indemnifying party shall, at their sole cost, have the right to use counsel of their choice and shall
7
25 Agreement with City of Lake Elsinore Agenda Item No. 7
Household Hazardous Waste Collection Program
PD #42676 v5 Page 9 of 11
1 have the right to adjust, settle, or compromise any such action or claim without the prior consent
2 of the indemnified party; provided, however, that any such adjustment, settlement or
3 compromise in no manner whatsoever limits or circumscribes the indemnifying party's
4 obligation to indemnify as set forth herein.
5 5.4 The provisions of this section shall survive the term of this Agreement.
6 6. ADMINISTRATION
7 6.1 COUNTY'S Waste Management Department General Manager -Chief
8 Engineer, or designee, shall administer this Agreement on behalf of COUNTY.
9 6.2 CITY'S City Manager, or designee, shall administer this Agreement on
10 behalf of CITY.
11 7. ALTERATION
12 7.1 No alteration or variation of the terms of this Agreement shall be valid
13 unless made in writing and signed by the parties hereto, and no oral understanding or agreement
14 not incorporated herein, shall be binding on any of the parties hereto.
15 8. TERM OF AGREEMENT
16 8.1 This Agreement shall be effective as of January 1, 2009 and continue in
17 effect through June 30, 2014, unless terminated by either party, without cause, upon thirty (30)
18 days written notice served on the other party.
19 9. ENTIRE AGREEMENT
20 9.1 This Agreement contains the entire agreement between the parties with
21 respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or
22 agreements both oral and written. This Agreement may be amended in writing with the
23 concurrence of both parties.
24
25 g
Agreement with City of Lake Elsinore Agenda Item No. 7
Household Hazardous Waste Collection Program
PD 1142676 v5 Page 10 of 11
1 IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives
2 to execute this Agreement on the date written below.
3
4 RE OMMENDED FOR APRPOVAL:
5 i � :1 ? I r� l ' _ Dated: I ► \ OS
Les ey B. Liki s, ' lanni g Manager
6 Planning and Recycling Division
7
CITY OF LAKE ELSINORE COUNTY OF RIVERSIDE
8
9
By By
10 Hans Kernkamp
General Manager -Chief Engineer
11 Title Waste Management Department
12 Date:
13
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15
16 FORM AP "I"OV COUNSEL
17 BY. NE�LR. KI - NI DATE
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Agreement with City of Lake Elsinore Agenda Item No. 7
Household Hazardous Waste Collection Program
PD #141676 v5 Page 11 of 11