HomeMy WebLinkAbout6/7/2000 - STAFF REPORTS (12) !,�'.
DATE: Jun4. 2000
TO: City Council
FROM: Recycling Coordinator VIA Redevelopment Director
APPROVING THREE-YEAR CONTRACT WITH RIVERSIDE COUNTY DEPARTMENT
OF ENVIRONMENTAL HEALTH, HAZARDOUS MATERIALS MANAGEMENT
DIVISION FOR CONTINUING OVERSIGHT OF ABOP SITE
RECOMMENDATION:
That the City of Palm Springs approve continuation of management for ABOP site by
Riverside County Department of Environmental Health, Hazardous Materials
Management Division for three years.
BACKGROUND:
In October of 1995, the County's first permanent site created to accept household
hazardous waste was opened in Palm Springs. It was nicknamed the ABOP, reflecting
the items accepted at the site: Antifreeze, Batteries, Oil and latexlwater--based Paints.
Created as a collaborative effort between the County of Riverside and the City of Palm
Springs, the ABOP is open each Saturday, except holidays, between 9 a.m. and 2 p.m.
The program has been so successful that the City requested the site remain open on
specific holiday weekends, which normally would be closed (Memorial Day, Columbus
Day, Washington's Birthday, Lincoln's Birthday and Martin Luther King Jr.'s Birthday).
The County requested assistance from the City, if we wanted the site to remain open on
these days. Due to the success of this program,the City's Recycling Division has
agreed to fund the additional costs incurred by the County in remaining open on these
five holiday weekends. The cost would be no more than $5,000 per year for the three-
year term of the contract The funding will be from account#125-1280-50000,
Unscheduled Capital Projects.
Attached is a copy of the Agreement provided by the County of Riverside.
`ficcu9iE'� R
Recycling Coo inator Di or o R development
Approved
ity Manager
Attachments:
Minute Order
County Agreement
WYENEO&Y OK 6i FINANCE
AGREEMENT
HOUSEHOLD HAZARDOUS WASTE MOBILE
COLLECTION PROGRAM
This Agreement is made and entered into by and between the City of Palm Springs,hereinafter called
"CITY",and the County of Riverside,through the Health Services Agency,Department of Environmental
Health,Hazardous Materials Management Division,hereinafter called"COUNTY",hereby established the
responsibilities of each party concerning COUNTVS Household Hazardous Waste (HHW) Mobile
Collection Program. The parties hereto mutually agree as provided in this Agreement and incorporated
herein.
RECITALS
WHEREAS,the City of Palm Springs and the County of Riverside 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,the County of Riverside has a well developed and established Mobile
Collection Program,including an Antifreeze,Battery,Oil and Paint(ABOP)component,for the purpose
of diverting household hazardous waste,and;
WHEREAS,the City of Palm Springs has the availability of a physical site,located on
Alejo Road in the City of Pahn Springs(designated as the Alejo Road Fire Training Center), suitable for
conducting household hazardous waste collection for the benefit of the citizens of the City of Palm
Springs and surrounding residents, such collection to occur on specified weekends(ABOP)and at
scheduled periods throughout the fiscal year,and;
WHEREAS,both entities have further agreed that the establishment of a permanent
location at the identified site for these collections is in the best interests of the citizens of the City of
Palm Springs and vicinity;
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NOW THEREFORE, in consideration of the mutual promises, covenants and conditions
hereafter contained,the Parties hereto mutually concur as follows. In conjunction with the joint
Household Hazardous Waste(HHW)Collection and Anti-freeze,Battery (automotive),waste Oil and
Paint(water-based) (ABOP)programs,the County of Riverside(COUNTY)through the Department of
Environmental Health,Hazardous Materials Management Division agrees to:
I. COUNTIES DUTIES
The County agrees to provide and/or perform the following items related to holding a HHW Collection
event:
1.1 Publish a schedule of HHW events that will provide a minimum of sixty(60)days
advanced notice to the incorporated cities and unincorporated areas of the county.
1.2 Obtain and fund the services of a state certified, licensed,bonded and insured hazardous
waste hauling and disposal company through the competitive bidding process, with all
costs for disposal of waste, staffing,and implementation of the program remaining the
responsibility of the COUNTY;
1.3 Function as an independent contractor and to provide site security, liability coverage and
indemnification to the extent specified in paragraph 1.10 below; with liability coverage
provided through the COUNTY'S self insurance program;and
1.4 Determine that the hazardous waste disposal company contracted for the HHW
Collection Event has obtained appropriate certificates of insurance that meet the criteria
as established in Health and Safety Code,the Federal Transportation Code and for
Worker's Compensation.
1.5 Clean up any spills associated with the HHW collection event; and upon completion of
the event,to clean up the site to the condition existing prior to the collection event.
1.6 Ensure that no hazardous materials of any type will remain on-site at the conclusion of
the collection event,and any household hazardous waste left at the site will be promptly
removed upon arrangements by COUNTY; and
1.7 Obtain all of the necessary permits and variances with the State of California,
Environmental Protection Agency,and Department of Toxic Substances Control;
1.8 Ensure that staffing to assist in the acceptance,handling,packaging,and manifesting of the
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household hazardous waste received will be provided,either by COUNTY or the contracted
disposal company,with a representative from the Department supervising the activities at
the HHW collection event.
1.9 Ensure that the contracted hazardous waste disposal company is responsible for the off-site
transportation and ultimate disposal of the hazardous waste,in accordance with State and
Federal hazardous waste and transportation laws; and
1.10 Act as an independent contractor. No relationship of employer-employee shall exist
between the parties hereto. 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 during
the course and scope of the Agreement. County shall not be entitled to any benefits
payable to employees of CITY including CITY Workers Compensation Benefits,and
hereby hold the 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.
1.11 It is further understood and agreed by the parties hereto that COUNTY, in the performance
of its obligation hereunder, is subject to the control or direction of the CITY merely as to
the result to be accomplished by the services hereunder agreed to be rendered and
performed and not as to the means and methods for accomplishing the results.
1.12 Advertising of the household hazardous waste collection event(s)through regional
organizations like the Coachella Valley Association of Governments(CVAG)and
Western Riverside Council of Governments(WRCOG)will be coordinated by the
COUNTY.
1.13 Hours of operation for collection events will be 9:00 a.m.to 2:00 p.m. on the mutually
agreed upon scheduled days:
■ HHW Mobile Collection as scheduled and agreed upon days
■ ABOP Program all Saturdays with the exception of those Saturdays on
which a HHW Mobile Collection event is conducted or
which occur on the following weekend holidays:
New Year's Day,July Fourth,Labor Day,Veterans,
Thanksgiving,and Christmas.
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County will staff the ABOP collection center with one(1) County Department of
Environmental Health personnel and one(1)contracted staff person during the hours of
operation. COUNTY or contracted personnel will remain on-site until all hazardous waste
is properly packaged and stowed in secured roll-off boxes to prevent the potential for spills
or releases.
1.14 Only collect the designated ABOP items during ABOP events. NO EXCEPTIONS.
Individuals with other household hazardous wastes will be referred to the HHW Mobile
Collection Program for proper disposal options.
II. CITIES DUTIES
The CITY agrees to provide a city owned site satisfactory to the COUNTY that meets the following
requirements:
2.1 Safety consideration;
2.2 Convenience to public;
2.3 Traffic flow;
2.4 Available workspace for handling,packaging, and transportation of hazardous waste;
2.5 Concrete or asphalt covered work area;
2.6 Access to gates,water,electrical,and sanitary facilities for the duration of the collection
event;
2.7 Fenced area to preclude unauthorized entry to the site.
2.8 Provide access to the site through the City of Palm Springs. Access rights will include use
Of water electricity and sanitary facilities,each Saturday from 8:30 am.to 2:30 p.m. during
ABOP collection events and scheduled dates for HHW Mobile Collection events and on
weekdays during normal business hours to prepare recyclable wastes for shipping.
2.9 During HHW Mobile Collection events,the site will be accessible as scheduled and
agreed upon.
2.10 The CITY shall agree to reimburse the COUNTY for costs of services rendered in
fulfillment of the five(5)additional Saturday [ABOP] events scheduled as dates that
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follows:
Additional Saturday(Prior to Holiday Weekend)Events
• Martin Luther King Weekend
• Lincoln's Weekend
• Washington's Weekend
• Memorial Day Weekend
• Columbus Day Weekend
2.11 The CITY will coordinate the advertising of the household hazardous waste collection
events through the local news media,distribution of printed flyers and community service
organizations.
2.12 The CITY will subsidize the COUNTY per each of the three(3)fiscal years(2000/2001,
2001/2002,and 2002/2003),on a quarterly basis for services at the CrI Y'S collection site
for the additionally scheduled Saturday events,as referenced in section 2.10. CITY agrees
to reimburse the COUNTY in the amount not to exceed five thousand dollars($5,000.00)
per fiscal year for providing staffing,travel and miscellaneous costs for additional ABOP
holiday weekend events. COUNTY will provide to CITY a quarterly itemized invoice of
expenses incurred for those weekend events referenced in section 2.10. Quarterly
invoice(s)will specify number of hours and dates worked by County employees,mileage
and related ABOP activity expenses.
III. JOINT PROVISIONS
The COUNTY and the CITY shall undertake joint responsibility for the following tasks:
3.1 General advertising of the household hazardous waste collection events may be coordinated
through local media and community organizations as appropriate.
3.2 Planning and coordination meetings with City Manager's office,Department of
Environmental Health, City Fire Department and other department or agency
representatives if an event is scheduled by the County at a City location.
3.3 Obtain the use of volunteers who may be utilized for specific tasks such as traffic control,
surveys,etc.
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3.4 Have planning and coordination meetings between the City of Palm Springs,Fire
Department,City Managers Office and the COUNTY.
IV. HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
The household hazardous waste collection program shall meet the following operational standards:
4.1 Traffic cones will be set up to divert traffic through collection facility;
4.2 All vehicles will have trunks open upon entering the restricted zone and will participate in a
survey to be designed for both CITY and COUNTY use.
4.3 The restricted area will include the following:
a. Vehicle unloading area;
b. Categorization and lab packing area;
C. Unknowns processing for preliminary identification.
4.4 The restricted areas(except the unloading area)will have at a minimum two layers of
visquene to prevent contamination of the pavement or soil. Only authorized personnel will
be allowed in the restricted area.
4.5 Contracted or COUNTY staff will segregate wastes according to hazard classification,
package compatible materials into DOT 17H steel 55 gallon drums containing a six-mil
plastic liner and filled with inert,moisture absorbent,granular, packing material. Each
drum will be labeled in accordance with State and Federal regulations.
4.6 Record keeping will consist of a written transportation manifest with a supplemental list of
chemicals contained in each drum. Manifest recyclable materials collected at the collection
center to an authorized off-site Treatment Storage(TSD)facility or recycler at the
completion of each household event or on an as needed basis when staff has determined
that the on site container has reach storage capacity or mandated hazardous waste storage
requirements.
4.7 The COUNTY will retain copies of each manifest for a minimum of three years as
prescribed by law.
4.8 All packaging, labeling,manifesting,transportation and disposal of hazardous waste will be
done in accordance with all applicable Federal transportation regulations and the California
Vehicle Code.
4.9 The contracted hazardous waste transportation and disposal company will have the final
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responsibility concerning the disposition of the hazardous waste collected from the
household hazardous waste community collection program.
4.10 Consideration for recycling rather than disposal will be pursued for material that can be
recycled in a timely and economical manner.
4.11 Treatment methods of detoxification and/or incineration will be considered before Class 1
landfill disposal.
4.12 All final recycling, treatment,and disposal facilities to be considered must be certified and
approved by the appropriate state and/or federal environmental agencies.
4.13 Make every effort to recycle water-based paint so that reformulated paint can be utilized for
graffiti abatement projects or other government sponsored rehabilitation uses.
4.14 Operating hours for the County of Riverside's Mobile Household Hazardous Waste
Community Collection Center and the Saturday ABOP events will be from 9:00 A.M.to
2:00 P.M. on specific dates agreed to by the COUNTY and the CITY. COUNTY or
contracted personnel will remain on-site until all hazardous waste is properly packaged and
stowed in secured roll-off boxes to prevent the potential for spills or release.
4.15 During the operation of the Household Hazardous Waste Collection Event the County of
Riverside,Health Services Agency,Department of Environmental Health/County Fire
Department Hazardous Materials Emergency Response Team will be on call,as well as any
local jurisdictional Hazardous Materials Team that wishes to participate.
4.16 The COUNTY is committed to the belief that this program should be open and available to
any citizen of Riverside County,therefore COUNTY areas and cities that surround the City
of Palm Springs will be notified of the program. A public service announcement will be
placed in the local newspaper of each of the participating areas.
4.17 The COUNTY will provide a report to the CITY that will quantify the amount and types of
household hazardous waste collected at the planned collection event.
4.18 Accept incidental amounts of waste oil and latex paint generated from the City of Moreno
Valley the ABOP or Mobile Collection Program for processing on a pre-arranged basis.
V. INSURANCE/HOLD HARMLESS
5.1 The COUNTY and CITY mutually agree as follows: The COUNTY shall defend, indemnify
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and hold harmless the CITY, its agents, officials, officers and elected officials,from any
liability from loss,damage, or injury to property or persons,including wrongful death,
arising out of or incident to any acts,omissions or willful misconduct of the COUNTY
arising out of or in connection with this Agreement.
5.2 The CITY shall defend, indemnify and hold harmless the COUNTY,its agents,officers and
employees,from any liability from loss,damage,or injury to properly or persons,including
wrongful death,arising out of or incident to any acts, omissions or willful misconduct of
the CITY arising out of or in connection with this Agreement.
VI. ADMINISTRATION
6.1 The County Director of the Health Services Agency(or designee) shall administer
this Agreement on behalf of the COUNTY.
VH. 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. The parties expressly
recognize that county personnel are without authorization to either change or waive any
requirements of this Agreement.
VIH. TERM OF AGREEMENT
8.1 This Agreement shall be effective as of July 1,2000 and continue in effect through Jmie 30,
2003,unless terminated by either party,without cause,upon thirty(30)day written notice
served upon the other party.
IDL 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.
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IN WITNESS WHEREOF,the Parties hereto have executed this Agreement on
(Date to be filled in by the Clerk of the Board.)
RECOMMENDED FOR APPROVAL:
Gary Root,Director
Department of Environmental Health
Dated
CITY OF PALM SPRINGS COUNTY OF RIVERSIDE
By By
Title Chairman,Board of Supervisors
Date
Street Address
City, state, tp
ATTEST:
CLERK OF THE BOARD
Deputy
(SEAL)
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MINUTE ORDER NO.
APPROVING A CONTRACT WITH
RIVERSIDE COUNTY DEPARTMENT OF
ENVIRONMENTAL HEALTH, HAZARDOUS
MATERIALS MANAGEMENT DIVISION FOR
CONTINUATION OF OVERSIGHTOFABOP
SITE.
I HEREBY CERTIFY that this Minute Order,approving a contract with the Riverside County
Department of Environmental Health, Hazardous Materials Management Division for
continuing oversight of ABOP site, was adopted by the City Council of the City of Palm
Springs, California, in a meeting thereof held on the 7th day of June, 2000, in a form
acceptable to the City Attorney.
PATRICIA A. SANDERS
City Clerk
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