HomeMy WebLinkAbout14-230 Household Hazardous Waste Collection AgreementCITY OF
LAKE LS1.ri0.P--,,E
DREAM. EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: AUGUST 12, 2014
SUBJECT: HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT —
COUNTY OF RIVERSIDE WASTE MANAGEMENT DEPARTMENT
Recommendation
Approve the agreement with the County of Riverside Waste Management Department
for collection of Household Hazardous Waste.
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.
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 January 1, 2009 through June 30, 2014 and the program
continued under the details of this agreement until now.
Professional Services Contract
August 12, 2014
Page 2
The proposed agreement is very similar to the one which expired in 2014 with the
exception of a ten (10) year agreement term. The County has decided for all permanent
HHW facilities to hold a ten (10) year contract agreement term because there is very
little change to the agreement. This agreement has been reviewed by the City
Attorney's office and County Counsel.
Fiscal Impact
The City will incur costs for connecting the electricity to the fire suppression system
within the chemical storage container. All other costs will remain the same.
Prepared by: Nicole McCalmont qlk [.
Sr. Engineering Technician
Vince Damasse
Director of Public Works
Approved by: Grant M. Yates
City Manager
Attachment: Agreement
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AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND
CITY OF LAKE ELSINORE
FOR
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
This Agreement is made and entered into by and between the City of Lake Elsinore,
hereinafter called "CITY," and the County of Riverside Waste Management Department,
hereinafter called "COUNTY," to establish the responsibilities of each parry in implementing
COUNTY'S Household Hazardous Waste ( "HHW ') Collection Program in CITY.
RECITALS
WHEREAS, CITY and COUNTY recognize, that it is in the public interest to establish
and implement waste diversion and separation programs to prevent landfill disposal of hazardous
waste, including household hazardous waste; and,
WHEREAS, COUNTY has a well - developed and established HHW Collection Program
for the purpose of diverting and properly managing household hazardous waste; and,
WHEREAS, COUNTY operates a Permanent HHW Collection Facility ("PHHWCF') on
land owned by CITY at 512 North Langstaff Street, in CITY,. and,
1. COUNTY'S DUTIES
1.1 COUNTY agrees to provide and/or perform the following duties to implement
COUNTY'S HHW Collection Program in CITY:
1.1.1 Continue to operate CITY'S permitted PHHWCF on CITY land located at
512 North Langstaff Street.
1. 1.2 Maintain all necessary permit authorizations from COUNTY's
Community Health Agency, Department of Environmental Health, Certified
Unified Program Agency C'CUPA") for COUNTY to continue operating
Langstaff Street; in CITY......._........
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PHHWCF located -at 512 North ......._._ .-
Agreement with City of Lake Elsinore
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1.1.3 Obtain and fund the services of a state - certified, licensed, bonded and
insured hazardous waste transportation and disposal company through the
competitive bidding process, with all costs for disposal of residentially generated
waste, staffmg, and implementation of the program remaining the responsibility
of COUNTY.
1.1.4 Determine that the hazardous waste disposal company contracted has
obtained appropriate certificates of insurance that meet the criteria as established
in the Code of Federal Regulations, Title 49, California Health and Safety Code,
and for Workers' Compensation coverage.
1.1.5 Advertise the schedule of operation of the PHHWCF in CITY through
regional advertising of the HHW Event Schedule for the COUNTY'S HHW
Collection Program.
1.1.6 Provide liability coverage and indemnification to the extent specified in
Section 5, with insurance coverage provided through COUNTY'S self-insurance
program.
1.1.7 Cleanup any spills associated with the collection and handling of HHW at
the PHHWCF and, upon completion of the operating day, clean up the PHHWCF
to the condition existing prior to the beginning of the operating day.
1.1.8 During operation of the PHHWCF provide staffing from the contracted
disposal company to assist in site security and supervision and to receive, classify,
package, and store and/or transport HHW received off-site. Staff assigned with
supervision responsibilities will remain on -site until all waste is packaged and
safely stored and/or transported off site.
25 ilgreemetiYivithC 'ityofZake�lsitio>�
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L 1.9 Ensure that the contracted hazardous waste disposal company completes
the off-site transportation and ultimate recycling or disposal of the hazardous
waste, in accordance with State and Federal hazardous waste management and
transportation laws.
1.1.10 Purchase equipment necessary to manage and run the HHW site.
1.1.11 Act as an independent contractor in the performance of its obligations
hereunder, being subject to the control or direction of CITY merely as to the
result to be accomplished by the services hereunder, and not as to the means and
methods to accomplish the results. COUNTY assumes exclusively the
responsibility for its acts, and the acts of its employees or agents as they relate to
the services to be provided under this Agreement; COUNTY shall not be entitled
to any benefits payable to employees of CITY, including CITY workers'
compensation benefits, and hereby holds CITY harmless from any and all claims
that may be made against CITY based upon any contention by any third parry that
an employer - employee relationship exists by reason of this Agreement.
CITY'S DUTIES
2.1 CITY agrees to provide CITY -owned land, currently' located at 512 North
Langstaff Street,. in CITY, that is satisfactory to COUNTY and meets the following
requirements:
2.1.1 Safety considerations.
2.1.2 Convenient to the public.
2.1.3 Safe and convenient traffic flow.
2 :1:4 .Available work space for handling, packaging, and transportation of
hazardous waste.
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2.1.5 Covered concrete work area.
2.1.6 Continue to provide and maintain a fenced area to prevent unauthorized
entry to the site.
2.1.7 Provide an electrical utility stub in order to have electricity for the
hazardous waste fire suppression system within the chemical storage container.
2.1.8 Access to trash disposal dumpsters, gates, water, electrical, and restroom
facilities for the duration of the PHHWCF operating day(s) and on weekdays
during normal business hours to prepare waste for shipping.
2.1.9 Maintain Pollution Prevention Plan and its requirements during non-
operating hours.
2.2 CITY shall be responsible for the following activities:
2.2.1 Advertising of the PHHWCF to CITY's residents through local news
media, distribution of printed flyers and/or posters, and community. service
organizations at CITY expense;
2.2.1 Obtaining the use of volunteers the CITY requires for specific tasks such
as traffic control, handing out of flyers, surveys, etc. with any personnel within
the PHHWCF, subject to COUNTY approval.
2.2.2 Provide keys for to COUNTY for access during non - operation hours.
3. JOINT PROVISIONS
3.1 COUNTY and CITY shall undertake joint responsibility for planning and
coordination meetings with CITY'S City Manager's office, COUNTY'S Waste
Management Department, CITY'S Fire Department, and ether departments or agency
representatives as necessary.
25 " "" ilgreement "with "City "of�akeEJsiriore
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3.2 All equipment purchased by COUNTY, including equipment purchased -through
grant funding, will remain property of COUNTY, and all equipment purchased by CITY
will remain property of CITY at conclusion of agreement.
3.3 The days of operation for the PHHWCF will be the first weekend non - holiday
Saturday excepting in December and January. The hours of operation for collection
events will be from 9:00 a.m. to 2:00 p.m. on the mutually agreed upon scheduled days.
114. HHW COLLECTION PROGRAM
4.1 The PHHWCF shall meet the following operation standards:
4.1.1 Traffic cones will be set up to safely control traffic flow and minimize
traffic congestion through the collection facility.
4.1.2 All participants' vehicles will have trunks open upon entering the
restricted zone, and occupant will participate in a survey to be designed for both
CITY and COUNTY use. Only authorized, trained personnel will be allowed in
the restricted waste handling areas. The restricted areas will include the
following:
4.1.2.1 Vehicle unloading area;
4.1.2.2 Categorization and waste packaging area;
4.1.2.3 Area for processing "unknown' ' wastes to determine hazard class.
4.1.3 Trained staff, either contracted or COUNTY, will segregate wastes
according to hazard class, package compatible materials into Federal Department
of Transportation approved hazardous materials shipping containers, and fill with
inert, moisture absorbent, granular, packing material as appropriate. Each
shipping container will be labeled and marked in accordance with State and
Federal laws'a6d regulation- s.
gree itit with City of Lake Elsinore
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4.1.4 Shipping papers will consist of written Hazardous Waste Manifests and
Bills of Lading according to the appropriate waste stream profile.
4.1.5 CITY shall retain copies of each Hazardous Waste Manifest and/or Bill of
Lading for a minimum of three years as prescribed by law.
4.1.6 All waste classification, packaging, Iabeling, marking, manifesting, and
transportation, for recycling and/or disposal of hazardous waste shall be done in
accordance with all applicable Federal and State laws and regulations pertaining
to household hazardous waste.
4.1.7 COUNTY will have the responsibility concerning the disposition of the
hazardous waste collected from the PIHIWCF, with concurrence of the contracted
hazardous waste transportation and disposal company.
4.1.8 Reuse and recycling, rather than disposal, will be considered as the
primary waste management methods for material that can be reused or recycled an
a timely and cost effective manner.
4.1.9 Treatment methods of detoxification and/or incineration will be
considered before Class I landfill disposal.
4.1.10 All final recycling, treatment, and disposal facilities considered must be
authorized by the appropriate State and/or Federal regulatory agencies and found
without substantial violations.
4. 1.11 Effort will be made to recycle water -based paint so that it can be utilized
for graffiti abatement projects or other useful purposes.
4.1.12 COUNTY or contracted personnel will remain on -site until all hazardous
waste is properly packaged, stowed and removed from the PHHWCF mi secured
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,green:ent Nrith City'of Lake Elsinore" " ......
1 11 trailers to prevent the potential for spills or release to the PHHWCF, unless prior
2 11 arrangements are made with CITY.
3 11 4.1.1 3 During operating days, COUNTY'S Community Health Agency,
4 Department of Environmental Health/County Fire Department Hazardous
5 Materials Emergency Response Team will be on call.
6 4.1.14 COUNTY requires that this program be open and available to any resident
7 11 of COUNTY and that non - residentially generated waste is excluded from
8 11 acceptance.
9 4.1.15 COUNTY will provide a report to CITY that will quantify the amount and
10 types of HHW collected at the PHHWCF.
11 5. HOLD HARMLESS
SS
12 11 5.1 CITY shall indemnify and hold harmless the County of Riverside, its Agencies,
13 Districts, Special Districts and Departments, their respective directors, officers, Board of
14 Supervisors, elected and appointed officials, employees, agents and representatives (the
15 "COUNTY'S Indemnified Parties") from any liability, claim, action or damage
16 whatsoever, including but not limited to, property damage, bodily injury, or death, based
17 or asserted upon any act or omission of CITY, its officers, employees, subcontractors,
18 agents or representatives arising out of or in any way relating to this Agreement and
19 CITY shall defend at its sole expense and pay all costs and fees, including but not limited
20 to, attorney fees, cost of investigation, defense and settlements or awards, on behalf of the
21 COUNTY'S Indemnified Parties in any such claim or action based upon such liability.
22 5.2 COUNTY shall indemnify and hold harmless CITY, its officers, employees,
23 subcontractors, agents or representatives (the "CITY'S Indemnified Parties ") from any
__... _.24.... _liability whatsoever; including but riot limited to; property daiiiag, bodily iriJurs'; or _..__ ... .....
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death, based or asserted upon any services of COUNTY, its Agencies, Districts, Special
Districts and Departments, their respective directors, officers, Board of Supervisors,
elected and appointed officials, employees, agents and representatives arising out of or in
any way relating to this Agreement and COUNTY shall defend at its sole expense and
pay all costs and fees, including but not limited to, attorney fees, cost of investigation,
defense and settlements or awards, on behalf of the CITY'S Indemnified Parties in any
claim or action based upon such liability.
5.3 With respect to any action or claim subject to indemnification herein, the
indemnifying party shall, at their sole cost, have the right to use counsel of their choice
and shall have the right to adjust, settle, or compromise any such action or claim without
the prior consent of the indemnified party; provided, however, that any such adjustment,
settlement or compromise in no manner whatsoever limits or circumscribes the
in party's obligation to indemnify as set forth herein.
5.4 The provisions of this section shall survive the term of this Agreement.
6. .ADMUgISTRATION
6.1 The COUNTY Waste Management Department General Manager -Chief Engineer
(or designee) shall administer this Agreement on behalf of COUNTY.
6.2 The CITY Manager, or designee shall administer this Agreement on behalf of
CITY.
20 17. ALTERATION
21 . 7.1 No alteration or variation of the terns of this Agreement shall be valid unless
22 made in writing and signed by the parties hereto, and no oral understanding or agreement
23 . not incorporated herein; shall be binding on any of the parties hereto.
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Agreement with City'ofLake Elsinore'
1 8. TERM OF AGREEMENT
2 8.1 This Agreement shall be effective as of July 1, 2014 and continue in effect
3 through June 30, 2024, unless terminated by either .party, without cause, upon thirty (30)
4 days written notice served on the other party.
5 9. ENTIRE AGREEMENT
6 9,1 This Agreement contains the entire agreement between the parties with respect to
7 the subject matter hereof, and supersedes all prior negotiations, understandings, or
8 agreements both oral and written. This Agreement may be amended in writing with the
9 concurrence of both parties.
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11 IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives
12 to execute this Agreement on the date written below.
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14 CITY OF LAKE ELSINQI2E COUNTY OF RIVERSIDE
1S
By By
16 General Manager -Chief Engineer
Title Waste Management Department
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Date: Date:
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20 FO P4EDNT Y COUNS 21 BY. AL DATE
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25 Agreement ►vlth'Qy'ofLake'Elsinore