HomeMy WebLinkAboutItem No. 13 - Agreement with County of Riverside Waste Management Department for Household Haz_2024062123142216513)Agreement with County of Riverside Waste Management Department for Household
Hazardous Waste Collection
1.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING APPROVAL OF THE AGREEMENT BETWEEN
COUNTY OF RIVERSIDE AND CITY OF LAKE ELSINORE FOR HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM; and
2.Approve and authorize the City Manager to execute an Agreement with County of
Riverside Waste Management Department for collection of Household Hazardous
Waste in such final form approved by the City Attorney.
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Rick De Santiago, Public Works Manager
Date:June 25, 2024
Subject:Agreement with County of Riverside Waste Management Department for
Household Hazardous Waste Collection
Recommendation
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AUTHORIZING APPROVAL OF THE AGREEMENT BETWEEN COUNTY OF
RIVERSIDE AND CITY OF LAKE ELSINORE FOR HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM; and
2. Approve and authorize the City Manager to execute an Agreement with County of Riverside
Waste Management Department for collection of Household Hazardous Waste in such final
form approved by the City Attorney.
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.
Agreement with County of Riverside Waste Management Department
Page 2 of 2
Discussion
The agreement 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, 2014, through June 30, 2024, and the program continued under the details of this
agreement until now. 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.
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.
Attachments
Attachment 1 – Resolution
Attachment 2 – Agreement
Public Works
RESOLUTION NO. 2024____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AUTHORIZING APPROVAL OF THE
AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND CITY OF LAKE
ELSINORE FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM
Whereas, the City of Lake Elsinore has previously elected to participate in and provide
support for the County of Riverside’s Household Hazardous Waste Collection Program
(the “Program”) which provides for waste diversion and separation programs to prevent
disposal of hazardous waste, including household hazardous waste, in landfills; and
Whereas, the County of Riverside operates a permanent household hazardous waste
facility on land owned by City at 512 North Langstaff Street, Lake Elsinore, CA 92530 (in
the Public Works Yard) to provide an environmentally safe way to properly dispose of or
recycle household waste; and
Whereas, the Agreement Between County of Riverside and City of Lake Elsinore for
Household Hazardous Waste Collection Program will allow the County of Riverside to
continue operation of the Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Agreement Between County of Riverside and City of Lake Elsinore for
Household Hazardous Waste Collection Program is hereby approved.
Section 2. The City Council hereby authorizes and directs the City Manager, or, in the
absence of the City Manager, the Assistant City Manager, to execute the Agreement
Between County of Riverside and City of Lake Elsinore for Household Hazardous Waste
Collection Program on behalf of the City of Lake Elsinore in such final form as approved
by the City Attorney.
Section 3. This Resolution shall take effect from and after the date of its passage and
adoption.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this __ day of __________ 2024.
Steve Manos
Mayor
CC Reso. No. 2024-
Page 2 of 2
3
7
5
8
5
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby
certify that Resolution No. 2024-__ was adopted by the City Council of the City of Lake
Elsinore, California, at the Regular meeting of __________ __, 2024 and that the same
was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program 1
PD #69683v9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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, a
municipal corporation, (“CITY”), and the County of Riverside, a political subdivision of the
State of California, on behalf of the Department of Waste Resources, (“COUNTY”). This
Agreement establishes the responsibilities of each Party concerning 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 disposal of hazardous waste,
including household hazardous waste, in landfills; and,
WHEREAS, COUNTY has a well-developed and established HHW Collection Program
for the purpose of diverting household hazardous waste; and,
WHEREAS, COUNTY operates a Permanent HHW Collection Facility (“PHHWCF”) on
land owned by CITY at 512 North Langstaff Street, Lake Elsinore, CA 92530 (in the Public
Works Yard) to provide an environmentally safe way to properly dispose of or recycle household
waste.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
herein contained, the Parties mutually agree as follows:
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, Lake Elsinore, CA 92530.
Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program 2
PD #69683v9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1.1.2 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, staffing, and implementation of the program remaining the responsibility
of COUNTY.
1.1.3 Provide liability coverage and indemnification to the extent specified in
Section 5 below, with insurance coverage provided through COUNTY’S self-
insurance program.
1.1.4 Determine that the hazardous waste disposal company contracted for the
HHW Collection Program 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 Clean up 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.
1.1.6 Maintain all necessary permits and variances with the State of California,
Environmental Protection Agency, Department of Toxic Substances Control and
the County of Riverside, Community Health Agency, Department of
Environmental Health, Certified Unified Program Agency known as the CUPA
for COUNTY to continue operating PHHWCF located at 512 North Langstaff
Street, Lake Elsinore, CA 92530.
1.1.7 Advertise the schedule of operation of the PHHWCF in CITY through
regional advertising for the COUNTY’S HHW Collection Program.
Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program 3
PD #69683v9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1.1.8 During operation of the PHHWCF, ensure staffing to assist in site security
in receiving, classifying, packaging, storing and/or manifesting and transport
household hazardous waste received is provided, either by COUNTY or the
contracted disposal company, with a representative from COUNTY supervising
the PHHWCF activities. The COUNTY’S representative will remain on-site until
all waste is packaged and safely stored and/or transported off-site.
1.1.9 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 PHHWCF.
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 party that
an employer-employee relationship exists by reason of this Agreement.
2. CITY’S DUTIES
Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program 4
PD #69683v9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2.1 CITY agrees to provide CITY-owned land, currently located at 512 North
Langstaff Street, Lake Elsinore, CA 92530, 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 workspace for handling, packaging, and transportation of
hazardous waste.
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 At CITY expense, PHHWCF and HHW collection event advertising, as
approved by COUNTY in writing, using local news media, distribution of printed
flyers/posters, and/or community service organizations.
Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program 5
PD #69683v9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2.2.1 May utilize volunteers for specific tasks, such as traffic control, handing
out of flyers, surveys, etc. with any personnel within the PHHWCF, subject to
COUNTY approval; and
2.2.2 Provide keys to the 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, Department of Waste
Resources, CITY Fire Department, and other departments or agency representatives, as
necessary.
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 of each month, except in January. The hours of operation for the PHHWCF
will be October through May (excluding January) from 9:00 a.m. to 2:00 p.m., and June
through September from 7:00 a.m. to 12:00 p.m.
4. HHW COLLECTION PROGRAM
4.1 The PHHWCF shall meet the following operation standards:
4.1.1 Traffic cones will be set up to control traffic through the collection
facility.
4.1.2 All participants’ vehicles shall have trunks open upon entering the
restricted zone and occupant shall participate in a survey to be designed for both
CITY and COUNTY use. Only authorized, trained personnel shall be allowed in
Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program 6
PD #69683v9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the restricted waste handling areas. The restricted areas shall 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 The restricted areas (except the unloading area) shall have at a minimum a
6-millimeter layer of Visqueen to prevent contamination of the pavement. Only
authorized personnel shall be allowed in the restricted area;
4.1.4 Trained contract or COUNTY staff shall segregate wastes according to
hazard classification, 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 shall be labeled and marked in accordance with State and
Federal laws and regulations.
4.1.5 Shipping papers shall consist of written Hazardous Waste Manifests and
Bills of Lading according to the appropriate waste stream profile.
4.1.6 CITY shall retain copies of each Hazardous Waste Manifest and/or Bill of
Lading for a minimum of three years as prescribed by law and provide copies to
COUNTY;
4.1.7 All waste classification, packaging, labeling, marking, manifesting, and
transportation, for recycling and disposal of hazardous waste shall be done in
accordance with all applicable Federal and State Transportation laws and
regulations pertaining to hazardous materials;
Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program 7
PD #69683v9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4.1.8 COUNTY shall have the responsibility for the disposition of the hazardous
waste collected from the PHHWCF, with concurrence of the contracted hazardous
waste transportation and disposal company;
4.1.9 Reuse and recycling, rather than disposal, will be considered as the
primary waste management methods for material that can be reused or recycled in
a timely and cost effective manner.
4.1.10 Treatment methods of detoxification and/or incineration shall be
considered before Class I landfill disposal;
4.1.11 All final recycling, treatment, and disposal facilities considered must be
authorized and found without substantial violations by the appropriate State
and/or Federal regulatory agencies;
4.1.12 COUNTY or contracted personnel shall remain on-site until all hazardous
waste is properly packaged, stowed and removed from the PHHWCF in secured
trailers to prevent the potential for spills or release to the PHHWCF, unless prior
arrangements are made with CITY;
4.1.13 During operating days, COUNTY’S Community Health Agency,
Department of Environmental Health/County Fire Department Hazardous
Materials Emergency Response Team will be on call.
4.1.14 COUNTY shall require that this HHW Collection Program be open and
available to any resident of COUNTY and that non-residentially generated waste
is excluded from acceptance;
4.1.15 COUNTY shall provide a report to CITY that will quantify the amount
and types of household hazardous waste collected at the PHHWCF.
/ / /
Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program 8
PD #69683v9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
5. HOLD HARMLESS
5.1 CITY shall indemnify and hold harmless the County of Riverside, its Agencies,
Districts, Special Districts and Departments, their respective directors, officers, Board of
Supervisors, elected and appointed officials, employees, agents and representatives (the
“COUNTY’S Indemnified Parties”) from any liability, claim, action or damage
whatsoever, including but not limited to, property damage, bodily injury, or death, based
or asserted upon any act or omission of CITY, its officers, employees, subcontractors,
agents or representatives arising out of or in any way relating to this Agreement and
CITY 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
COUNTY’S Indemnified Parties in any such claim or action.
5.2 COUNTY shall indemnify and hold harmless CITY, its officers, employees,
subcontractors, agents or representatives (the “CITY’S Indemnified Parties”) from any
liability whatsoever, including but not limited to, property damage, bodily injury, or
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
Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program 9
PD #69683v9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the prior consent of the indemnified party; provided, however, that any such adjustment,
settlement or compromise in no manner whatsoever limits or circumscribes the
indemnifying party’s obligation to indemnify as set forth herein.
5.4 The provisions of this section shall survive the term of this Agreement.
6. ADMINISTRATION
6.1 COUNTY Department of Waste Resources General Manager-Chief Engineer (or
designee) shall administer this Agreement on behalf of COUNTY.
6.2 CITY’S City Manager, or designee, shall administer this Agreement on behalf of
CITY.
7. ALTERATION
7.1 No alteration or variation of the terms of this Agreement shall be valid unless
made in writing and signed by the Parties hereto, and no oral understanding or agreement
not incorporated herein, shall be binding on any of the Parties hereto.
8. TERM OF AGREEMENT
8.1 This Agreement shall be effective as of July 1, 2024, and continue in effect
through June 30, 2034, unless terminated by either Party, with or without cause, upon
thirty (30) days written notice served on the other Party. In no event shall the Agreement
be extended beyond June 30, 2034.
9. ENTIRE AGREEMENT
9.1 This Agreement contains the entire agreement between the Parties with respect to
the subject matter hereof, and supersedes all prior negotiations, understandings, or
agreements both oral and written. This Agreement may be amended in writing with the
concurrence of both Parties.
/ / /
Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program 10
PD #69683v9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
10. FORCE MAJEURE
10.1 If either Party is unable to comply with any provision of this Agreement due to
causes beyond its reasonable control, and which could not have been reasonably
anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such
Party shall not be held liable for such failure to comply.
11. SEVERABILITY
11.1 If any provision or part thereof in this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions or part thereof
will nevertheless continue in full force without being impaired or invalidated in any way.
[Signatures of Following Page]
Agreement with City of Lake Elsinore
Household Hazardous Waste Collection Program 11
PD #69683v9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives
to execute this Agreement on the date written below.
CITY OF LAKE ELSINORE COUNTY OF RIVERSIDE
By: _____________________________ By: _____________________________
JASON SIMPSON HANS KERNKAMP
City Manager General Manager-Chief Engineer
City of Lake Elsinore, California Department of Waste Resources
Date: ___________________________ Date:______________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
MINH C. TRAN
COUNTY COUNSEL
By: ___________________________ By:______________________________
BARBARA LEIBOLD LISA SANCHEZ
City Attorney Deputy County Counsel
City of Lake Elsinore, California