HomeMy WebLinkAbout10/18/2006 - STAFF REPORTS - 2.O. 4?ALMSp 01
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°,q`'F°R`'`P City Council Staff Report
DATE: October 18, 2006 CONSENT CALENDAR
SUBJECT: APPROVE AGREEMENT WITH COUNTY OF RIVERSIDE FOR
OPERATION OF HOUSEHOLD HAZARDOUS WASTE COLLECTION
FACILITY
FROM: David H. Ready, City Manager
BY: Assistant City Manager—Administrative Services
SUMMARY
The County of Riverside has operated a permanent household hazardous waste
collection facility at the City's Fire Training Center located at 3000 Alejo Road since
1987. The existing agreement with the County has expired. The County is currently
working with the City on relocating the collection facility to the City's Wastewater
Treatment Plant. This action will enable the County to continue to operate at the Fire
Training Center until a new collection facility can be constructed.
RECOMMENDATION:
1. Adopt Minute Order No. , approving an agreement with the County of
Riverside for the operation of a permanent household hazardous waste collection
facility at the City's Fire Training Center.
STAFF ANALYSIS:
The County of Riverside has operated a permanent household hazardous waste
collection facility, or ABOP Center (Anti-freeze, Batteries, Oils and Paints), at the City's
Fire Training Center since 1987. This facility is open to the public every Saturday from
9:00 a.m. to 2:00 p.m.
The existing agreement with the County has expired. Although the County wants to
continue to provide a household hazardous waste collection facility in the City, they are
interested in expanding the facility to allow for the collection of additional items. The
existing facility is small and can not be easily expanded. In order to keep the facility
within the City and provide for future expansion, City staff and representatives from the
County's Waste Management Department have met on several occasions to discuss
possible alternative locations that would be better suited for an expanded collection
Item No. 2 . 0 .
City Council Staff Report
October 18, 200B-- Page 2
Agreement with County of Riverside— HHW Collection Facility
facility. The City's Wastewater Treatment Plant has been identified as a suitable
location and the County has been successful in obtaining a grant from the State of
California to build a new collection facility at this location.
Planning and construction of this facility will take several months. Until this facility is
operational, the County would like to keep the existing ABOP center open at the Fire
Training Center. The proposed agreement would enable the County to continue at their
present location through June 30, 2007.
FISCAL IMPACT:
There are no costs associated with this agreement.
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T�reyY . Butzla s stant City Manager David H. Ready, City ger
Rdmini trative e i es
AttacFiments.
1. Minute Order
2. Agreement Between the County of Riverside and City of Palm Springs
MINUTE ORDER NO.
APPROVING AN AGREEMENT WITH THE
COUNTY OF RIVERSIDE FOR THE
OPERATION OF A PERMANENT HOUSEHOLD
HAZARDOUS WASTE COLLECTION FACILITY
AT THE CITY'S FIRE TRAINING CENTER.
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this
Minute Order approving an agreement with the County of Riverside for the operation of
a permanent household hazardous waste collection facility at the City's Fire Training
Center, was adopted by the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 18th day of October, 2006.
James Thompson, City Clerk
1 AGREEMENT BETWEEN COUNTY OF RIVERSIDE
,AND CITY OF PALM SPRINGS
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
3
4 This Agreement is made and entered into by and between the City of Palm Springs,
5 hereinafter called "CITY," and the County of Riverside through the Waste Management
6 Department, hereinafter called "COUNTY," to establish the responsibilities of each patty in
7 implementing COUNTY'S Household Hazardous Waste ("11HW") Collection Program in CITY.
8 RECITALS
9 A. WHEREAS, CITY and COUNTY recognize that it is in the public interest to
10 establish and implement waste diversion and separation programs to prevent disposal of
11 hazardous waste, including household hazardous waste, in landfills; and,
12 B. WHEREAS, COUNTY has a well-developed and established HHW Collection
13 Program for the purpose of diverting and properly managing household hazardous waste; and,
14 C. WHEREAS, COUNTY has a permanent HHW collection facility ("PHHWCF")
15 located on land owned by CITY at 3000 Alejo Road in CITY, suitable for conducting household
16 hazardous waste collection for the benefit of CITY and COUNTY citizens.
17 NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
18 herein contained, the Parties mutually agree as follows:
19 1. COUNTY'S DUTIES
20 1.1 COUNTY agrees to provide and/or perform the following duties to
21 implement COUNTY'S HHW Collection Program in CITY-
?? 1.1.1 Operate a COUNTY-owned and permitted PHHWCF, on CITY
23 land located at 3000 Alejo Road, Palm Springs.
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1 1.1.2 Obtain and fund the services of a state-certired, 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 Obtain all of the necessary permit authorizations from COUNTY's
18 Community Health Agency, Department of Environmental Health, Certified Unified Program
19 Agency known as the CUPA.
20 1.1.8 During operations, provide staffing from COUNTY and/or the
21 contracted disposal company to assist in site security and supervision and to receive, classify,
22 package, and store and/or transport HHW received off-site. Staff assigned with supervision
23 responsibilities will remain on-site until all waste is packaged and safely stored and/or
24 transported off-site.
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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 Stale and Federal hazardous waste management and transportation laws-
4 1.1.10 Purchase equipment necessary to manage and run the FI1-1W 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 Ageement;
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 Acrcemem.
14 2. CITY'S DUTIES
15 2.1 CITY agrees to provide City-owned land, currently located at 3000 Alejo
16 Road, Palm Springs, CA 92262, that is satisfactory to COUNTY and meets the following
17 requirements-
is 2.1.1 Safety considerations.
19 2.12 Convenient to the public.
20 2.1.3 Safe and convenient traffic flow.
21 2.1.4 Available work space for handling, packabing, and transportation
22 of hazardous waste.
23 2.1.5 Covered concrete or asphalt work area.
24 2.1.6 Fenced area to prevent unauthorized entry to the site.
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1 11.7 Accessible to trash disposal dumpsters, gates, water, electrical, and
2 restroom facilities for the duration of the PHHWCF operating day(s) and on weekdays during
3 nonnal business hours to prepare recyclable waste for shipping.
4 22 CITY shall be responsible For the following activities:
5 2.2.1 Advertising of the PHHWCF to CITY's residents through local
6 news media, distribution of panted flyers and/or posters, and community service organizations at
7 CITY expense;
8 2.2.2 May obtain the use of volunteers for specific tasks such as traffic
9 control, handing out of flyers, surveys, etc. with any personnel within the PHHWCF, subject to
10 COUNTY approval.
11 2.2.3 Provide keys to PHHWCF location to COUNTY for access during
12 non-operation hours.
13 3. JOINT PROVISIONS
14 3.1 COUNTY and CITY shall undertake joint responsibility for planning and
15 coordination meetings with CITY'S City Manager's office, COUNTY'S Waste Management
16 Department, CITY'S Fire Department, and other departments or agency representatives, as
17 necessary.
18 3.2 All equipment purchased by COUNTY will remain property of COUNTY,
19 and all equipment purchased by CITY will remain property of CITY at conclusion of aggreement.
20 3.3 The days of operation For the PHHWCF will be every non-holiday
21 weekend Saturday. The hours of operation for collection events will be From 9:00 a.m. to 2:00
22 p.m. on the mutually agreed upon scheduled days. Earlier morning hours may be selected during
23 summer months to avoid excessive heat.
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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 staff, either contracted or COUNTY, 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 absorbenL, 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 Bil is 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 Fora 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
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1 with all applicable Federal and Slate laws and regulations pertaining to household hazardous
2 waste.
3 4.1.7 COUNTY will have the responsibility concenring 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 mariner.
9 4.1.9 Treatment methods of detoxification and/or incineration will be
10 considered be Core 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 PH1-IWCF 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 operating days, COUNTY'S Community Health Agency,
21 Department of Enviromnental Health/County Fire Department Hazardous Materials Emergency
22 Response Team will be on call.
23 4.1.14 COLTNTY requires that this program be open and available to any
24 resident o f COUNTY and that non-residentially generated waste is excluded fzom acceptance.
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1 4.1.15 COUNTY will provide a report to CITY that will quantify the
2 aniount and types ofl-IHW collected at the PHHWCP.
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 whatsoever, including but not limited to,
8 property damage, bodily injury, or death, based or asserted upon any services of CITY, its
9 officers, employees, subcontractors, agents or representatives arising out of or in any way
10 relating to this Agreement and CITY shall defend at its sole expense and pay all costs and fees,
II including but not limited to, attorney fees, cost of investigation, defense and settlements or
12 awards, on behalf of the COUNTY'S Indemnified Parties in any claim or action based upon such
13 liability.
14 5.2 COUNTY shall indemnify and hold harmless CITY, its officers,
15 employees, subcontractors, agents or representatives (the -CITY'S Indentnified Parties") R-om
16 any liability whatsoever, including but not limited to, properly damage, bodily injury, or death,
17 based or asserted upon any services of COUNTY, its Agencies, Districts, Special Districts and
IS 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
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I have the Tight 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 cirettmscribes the indemnifying party's
4 obligation to indemnify as set forth herein.
5 5.4 Indemnifying party's obligation hereunder shall be satisfied when they
6 have provided the indemnified party the appropriate form of dismissal relieving the indemnified
7 party from any liability for the action or claim involved-
8 5.5 in the event there is con Elict between this clause and California Civil Code
9 Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such
10 interpretation shall not relieve the indemnifying party's obligation to provide indemnification to
11 the Fullest extent allowed by law.
12 5.6 The provisions of this section shall survive the term of this Agreement.
13 6. ADMINISTRATION
14 6.1 COUNTY'S Waste Management Department General Manager-Chief
15 Engineer, or designee, shall administer this Agreement on behalf of COUNTY.
16 6.2 CITY'S City Manager, or designee, shall administer this Agreement on
17 behalf of CITY-
is 7. ALTERATION
19 7.1 No alteration or variation of the terms of this Agreement shall be valid
20 unless made in writing and signed by the parties hereto, and no oral understanding or agreement
21 not incorporated herein, shall be binding on any of the parties hereto. Only COUNTY'S Board
22 of Supervisors or COUNTY'S Purchasing Agent may authorize the alteration or revision of this
23 Agreement. The parties expressly recognize that COUNTY personnel are without authorization
24 to either change or waive any requirements of this Agreement.
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1 8. TERM OF AGREEMENT
2 8.1 This Agreement shall be effective as of July 1, 2006 and continue in eFFect
3 through June 30, 2007, unless terminated by either party, without cause, upon thirty (30) days
4 written notice served on the other party-
5 9. ENTIRE AGREEMENT
6 9.1 This Agreement contains the entire agreement between the parties with
7 respect to 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.
10 IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives
11 to execute this Agreement on the date written below.
12
t3 RECOMMENDED FOR APRPOVAL:
14 _ Dated: 7 l 0i l n(e
Le ley B. ikr s, S lid Waste Planning Manager 1
15 Planning and Recycling Division
16
CITY OF PALM SPRINGS COUNTY OF RIVERSIDE
17
18
BY ��. BY
19 Ge cral Manager-Chiel�Engineer
Title Waste Management Department
20
Date:
21
FORip 4PPROVE"
22 COUNTY COUNSEL
73 SEP 0 7 2 6
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24 Ellj �C`�
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