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HomeMy WebLinkAbout1/15/2003 - STAFF REPORTS (14) DATE: January 15, 2003 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 MANAGEMENT AND EXPANSION OF ABOP. RECOMMENDATION: That the City of Palm Springs approve continuation of a contract for the Antifreeze, Batteries, Oil and Paint Collection Center (ABOP) by Riverside County Department of Environmental Health, Hazardous Materials Management Division for three years, providing for the program management and facility expansion. SUMMARY: The County of Riverside has been managing collection of recyclable household hazardous materials at the facility adjacent to the Fire Training Center on Alejo Road for seven years. They are requesting Council's approval of the continuation of this program and are also requesting approval of the expansion of the program to include all household hazardous materials that are currently only accepted during the County's special mobile collection events. BACKGROUND: In October of 1995, Riverside County's first permanent site created to accept household hazardous waste was opened in Palm Springs, accepting Antifreeze, Batteries, Oil and latex/water-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 ABOP has been so successful that the City requested that it 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 agreed to fund the additional costs incurred by the County in remaining open on these five holiday weekends. The cost is no more than $5,000 per year for the three-year term of the contract. As an additional result of the success of this program, the County would like to expand the ABOP to become a permanent full Household Hazardous Waste Collection Facility. The County received a grant to go forward with this expansion and has asked the City to take the lead in getting the improvements handled. The needed improvements have been discussed with both Airport and Fire Department staff and will be completed by the City with the County reimbursing the City for all expenses. The improvements include moving a water station and an electrical station to facilitate the new building the County 1 `!14 ABOP Continuation 2003-2006 January 15, 2003 will be adding to the already cemented site. The new building will enable the County to collect all additional household hazardous materials, rather than just the ABOP materials. The City will be reimbursed by the County for all costs incurred in developing these improvements up to a maximum of $5,000. The reimbursable funds expended by the City for this project will be taken from #125-1280-Fund Balance and returned to same fund. There is no construction contract, as the required changes are minor and will be completed by G & M Construction, the original contractor on the project. Attached is a copy of the Agreement provided by the County of Riverside. Recycling Coordinator *Delopmen f C munity & Economic Approved City Manager Attachments: Minute Order Budget Resolution County Agreement C6 �V.A REVIEWED BY DEPI OF FINANCE 2 J /Ig 2 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 Community Health Agency, Department of Environmental Health, Hazardous Materials Management Division, hereinafter called"COUNTY,"hereby establishes the responsibilities of each party concerning COUNTY'S Permanent Household Hazardous Waste (HHW) Collection Program. 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 a permanent Hazardous Household Waste Collection Facility (PHHWCF) for the purpose of diverting household hazardous waste, and; WHEREAS,the City of Palm Springs has the availability of a physical site, located on 3000 East Alejo Road in the City of Palm Springs (designated as 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 (PHHWCF) throughout the fiscal year, and; 1 � 74 // WHEREAS,both entities further agree that the location site and collection event, for these waste collections is in the best interests of the citizens of the City of Palm Springs and vicinity; NOW THEREFORE, in consideration of the mutual promises, covenants and conditions hereafter contained, the Parties hereto mutually concur as follows. In conjunction with the Household Hazardous Waste (HHW) Collection Programs, the County of Palm Springs(COUNTY)through the Department of Environmental Health, Hazardous Materials Management Division agrees to the following responsibilities: I. COUNTY'S DUTIES The County agrees to provide and/or perform the following items related to holding a HEW Collection event: 1.1 Operate a permanent HHW Collection facility at 3000 East Alejo Road,Palm Springs. 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. 2 1.6 Determine if partial containers will remain on-site at the conclusion of the collection event, and all full household hazardous waste containers left at the site will be promptly removed upon arrangements by COUNTY or its HHW Contractor; 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 household hazardous waste received will be provided, either by the 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 holds 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 obligations hereunder, is subject to the control or direction of the CITY merely as to the result to be accomplished by the services hereunder agree to be rendered and performed and not as to the means and methods for accomplishing the results. 3 1.12 Advertising of the household hazardous waste collection event(s)through regional organizations and agencies like the Coachella Valley Association of Governments (CVAG). County Flood Control and County Waste Management will assist in the distribution of advertising of HHW flyers at appropriate locations and events for the site. 1.13 Publish a schedule of HHW events that will provide a minimum of sixty(60) days advance notice to the incorporated cities and unincorporated areas of the county and advertise in the local newspaper. 1.14 The Director of Environmental Health Department or his designees and the City of Palm Springs or their designees shall meet to determine the needed improvements for converting the existing permanent ABOP facility to a permanent HHW Collection facility. 1.15 When agreement has been reached between the CITY and COUNTY that the improvements have in fact been completed in a correct and satisfactory manner,the COUNTY shall by warrant issued in the normal course of County business pay to the CITY a sum not to exceed five thousand dollars ($5,000) out of funds held in the Household Hazardous Waste Collection account for reimbursement to the CITY for the cost of the improvements. 1.16 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 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. II. CITY'S DUTIES The CITY agrees to provide a city owned site satisfactory to the COUNTY that meets the following requirements: 2.1 Safety consideration; 4 2.2 Convenience to the public; 2.3 Traffic flow; 2.4 Available work space for handling,packaging, and transportation of hazardous waste; 2.5 Concrete or asphalt covered work area; 2.6 Access to dumpsters, 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 7:00 a.m.to 4:00 p.m. during scheduled dates for permanent Household Hazardous Waste Collection events and on weekdays during normal business hours to prepare recyclable wastes for shipping. 2.9 The CITY will advertise the household hazardous waste collection events through the local news media, distribution of printed flyers and community service organizations. 2.10 The CITY shall cause certain capital improvements to be completed at the collection site serving the area which site is located on the property owned by the CITY and used by the COUNTY under the program. The improvements shall be made in accordance with the written design and specifications agreed to between the Environmental Health Department and the CITY. The improvements shall be completed by the end of the fiscal year, June 30, 2003. 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. 5 3.2 Planning and coordination meetings with City Manager's office, Department of Environmental Health, City Fire Department, Recycling Division, and other department or agency representative. 3.3 Obtain the use of volunteers who may be utilized for specific tasks such as traffic control, surveys, etc. 3.4 Have planning and coordination meetings between the City of Palm Springs, Fire Department, City Managers Office, Recycling Division, 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. 6 4.6 Record keeping will consist of a written transportation manifest with a supplemental list of chemicals contained in each drum. 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 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 City of Palm Spring's Permanent Household Hazardous Waste Collection Event will be from 9:00 A.M. to 2:00 P.M. on specific date 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. 7 4.15 During the operation of the Household Hazardous Waste Collection Event, the County of Riverside, Community Health 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. 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. V. HOLD HARMLESS 5.1 The COUNTY shall defend, indemnify, 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, its agents or employees 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 property or persons, including wrongful death, arising out of or incident to any acts, omissions, or willful misconduct of the CITY, its agents or employees arising out of or in connection with this Agreement. 5.3 The Hold Harmless provisions herein shall survive the term of this Agreement. VI. ADMINISTRATION 6.1 The County Director of the Community Health Agency(or designee) shall administer this Agreement on behalf of the COUNTY. H 8 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. VM. TERMS OF AGREEMENT 8.1 This Agreement shall be effective as of July 1, 2002 and continue in effect through June 30, 2006, unless terminated by either party,without cause,upon thirty(30) day written notice served upon the other party. IX. ENTIRE AGREEMENT 9.1 This Agreement contains the entire agreement between the parties with respect to the subject matter thereof, and supersedes all prior negotiations,understandings, or agreements both oral and written. This agreement may be amended in writing with the concurrence of agreements both oral and written. This agreement may be amended in writing with the concurrence of both parties. // // // // // 9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on RECOMMENDED FOR APPROVAL: Earl Tuntland, Deputy Director Hazardous Materials Management Division Dated CITY OF PALM SPRINGS COUNTY OF RIVERSIDE By By Director of Environmental Health Title as authorized by County Resolution No. 2001-156 Date Approved as to form by Street Address COUNTY COUNSEL: City, State, zip Dated Attest: City Clerk Approved As To Form: City Attorney 1-6-03 10 MINUTE ORDER NO. APPROVING A CONTRACT WITH RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH, HAZARDOUS MATERIALS MANAGEMENT DIVISION FOR CONTINUING MANAGEMENT AND EXPANSION OF ABOP SITE. I HEREBY CERTIFY that this Minute Order, approving a contractwith the Riverside County Department of Environmental Health, Hazardous Materials Management Division for continuing management and expansion of Antifreeze, Batteries, Oil and Paint (ABOP) Collection Site, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 15th day of January, 2003, in a form acceptable to the City Attorney. PATRICIA A. SANDERS City Clerk RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2002-03 FISCAL. WHEREAS Resolution 20357 approving the budget for the fiscal year 2002-03 was adopted on June 5, 2002; and WHEREAS the City Manager has recommended, and the City Council desires to approve, certain amendments to said budget, NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 20357, adopting the budget for the 2002-03 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS Fund Activity Account Amount 125 1280 New- $5,000 ABOP Expansion Expansion of current ABOP site to create a full HHW Collection facility. SECTION 2. SOURCE Fund Activity Account Amount 125 1280 Fund Balance $5,000 Adopted this 15`h day of January, 2003. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED AND APPROVED