HomeMy WebLinkAboutA5574 - COUNTY OF RIVERSIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 1 AGREEMENT BETWEEN COUNTY OF RIVERSIDE 01 rY of F1ALw SPH,NGS
AND CITY OF PALM SPRINGS 60)'2-%s
2 PALM SPPAi�C S,:;A S2265
HOUSEHOLD IIAZARDOUS 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 Waste Management Department,
6 hereinafter called "COUNTY," to establish the responsibilities of each party in implementing
7 COUNTY'S Household Hazardous Waste ("HHW") Collection Program in CITY.
8 RECITALS
9 WHEREAS, CITY and COUNTY recognize that it is in the public interest to establish
10 and implement waste diversion and separation programs to prevent landfill disposal of hazardous
1 I waste, including household hazardous waste; and,
12 WHEREAS, COUNTY has a well-developed and established HHW Collection Program
13 for the purpose of diverting and properly managing household hazardous waste; and,
14 WHEREAS, COUNTY operates an existing IIHW collection facility on land owned by
15 CITY at 3000 Alejo Road in CITY; and,
16 WHEREAS, CITY and COUNTY desire to relocate COUNTY'S existing HHW
17 collection facility due to size constraints and in order to upgrade from an ABOP (Antifreeze,
18 Batteries, Oil, Paint) HHW collection facility to a Permanent HHW Collection Facility
19 ("PHHWCF") that can collect a full array of HHW wastes, including electronic wastes; and,
20 WHEREAS, CITY intends to build a new PHHWCF on land owned by CITY near the
21 waste water treatment plant near the CITY intersection of Mesquite Avenue and Vella Road;
22 and,
23 WHEREAS, CITY and COUNTY jointly applied for a regional HHW grant from the
24 California Integrated Waste Management Board ("CIWMB"), which was awarded to fund a
25 AgreemEnt wide OV of Palm Springs
110farhold Hazardous Waste Collection Program I q
PO#57159v?
SrP � ✓ 2008 1h '
I portion of the construction and equipment costs of the expanded facility at Mesquite Avenue and
2 Vella Road in CITY.
3 NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
4 herein contained, the Parties mutually agree as follows_
5 1. COUNTY'S DUTIES
6 1.1 COUNTY agrees to provide and/or perform the following duties to
7 implement COUNTY'S HHW Collection Program in CITY:
8 1.1.1 Continue to operate COUNTY'S permitted HHW collection
9 facility on CITY land located at 3000 Alejo Road, Palm Springs until the new PHHWCF is
10 constructed and opened for operation.
11 1.1.2 Purchase the chemical storage container equipment for the new
12 PHHWCF.
13 1.1.3 For construction work completed prior to the grant term date of
14 March 31, 2009, reimburse the CITY for one-time construction costs in an amount that equals
15 the difference between the amount of grant funding allocated to CITY for upgrading from an
16 ABOP collection facility to a PHHWCF ($149,915) and the amount to purchase and deliver the
17 chemical storage container equipment($28,571,11 estimated), in accordance with the grant terms
18 and budget.
19 1.1.4 When construction of the PHHWCF is complete, move the
20 existing, COUNTY-owned facility equipment, materials and supplies to the new location and
21 set-up the equipment.
22 1.1.5 Obtain all necessary permit authorizations from COUNTY's
23 Community Health Agency, Department of Environmental Health, Certified Unified Program
24
25 Agreement with Ciry of Palm Springs
Household Hazardous f'Pasle Collection Aagram 2
PD 457159v2
I Agency ("CUPA") for COUNTY to operate PHHWCF on CITY land located at Mesquite
2 Avenue and Vella Road.
3 1.1.6 Obtain and fund the services of a state-certified, licensed, bonded
4 and insured hazardous waste transportation and disposal company through the competitive
5 bidding process, with all costs for disposal of residentially generated waste, staffing, and
6 implementation of the program remaining the responsibility of COUNTY.
7 1.1.7 Determine that the hazardous waste disposal company contracted
8 has obtained appropriate certificates of insurance that meet the criteria as established in the Code
9 of Federal Regulations, Title 49, California Health and Safety Code, and for Workers'
10 Compensation coverage.
11 1.1.8 Advertise the schedule of operation of the HHW collection facility
12 in CITY through regional advertising of the HHW Event Schedule for the COUNTY'S HHW
13 Collection Program.
14 1.1.9 Provide liability coverage and indemnification to the extent
15 specified in Section 5, with insurance coverage provided through COUNTY'S self-insurance
16 program.
17 1.1.10 Clean up any spills associated with the collection and handling of
18 HHW at the HHW collection facility and, upon completion of the operating day, clean up the
19 HHW collection facility to the condition existing prior to the beginning of the operating day.
20 1.1.11 During operations of the existing HHW collection facility or the
21 new PHHWCF, provide staffing from COUNTY and/or the contracted disposal company to
22 assist in site security and supervision and to receive, classify, package, and store and/or transport
23 HHW received off site. Staff assigned with supervision responsibilities will remain on-site until
24 all waste is packaged and safely stored and/or transported off-site.
25 Agreement iviih City ofPafm Springs
Household Hazardous Waste Collection Program 3
PO#57159v2
1 1.1.12 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 State and Federal hazardous waste management and transportation laws.
Q 1.1.13 Purchase equipment necessary to manage and run the HHW site.
5 1.1.14 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 to accomplish
8 the results. COUNTY assumes exclusively the responsibility for its acts, and the acts of its
9 employees or agents as they relate to the services to be provided under this Agreement;
10 COUNTY shall not be entitled to any benefits payable to employees of CITY, including CITY
I 1 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 Agreement.
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, and to replace this location with CITY-owned land located at
17 Mesquite Avenue and Vella Road for a new PHHWCF that is satisfactory to COUNTY and
18 meets the following requirements:
19 2.1.1 Safety considerations.
20 2.1.2 Convenient to the public.
21 2.1.3 Safe and convenient traffic flow.
22 2.1.4 Available work space for bandling, packaging, and transportation
23 of hazardous waste.
24 2.1.5 Covered concrete work area.
25 Agreement with Crty ofPolm Springs
household Hozardons Waste Collection Progmm 4
PO#57159v2
1 2.1.6 Fenced area to prevent unauthorized entry to the site.
2 2.1.7 Access to trash disposal dumpsters, gates, water, electrical, and
3 restroom facilities for the duration of the PHHWCF operating day(s) and on weekdays during
4 normal business hours to prepare waste for shipping-
5 2.2 CITY shall be responsible for the following activities:
6 2.2.1 Obtain all construction-related approvals and, at CITY'S cost,
7 construct new PIHHWCP on CITY-owned land at Mesquite Avenue and Vella Road in
8 cooperation with COUNTY.
9 2.2.2 To receive CIWMB grant funds allocated for costs incurred prior
10 to March 31, 2009 in constructing the PHHWCF, as specified in Section 1.1.3, provide an
11 itemized invoice of costs to COUNTY by April 10, 2009.
12 2.2.1 Advertising of either the existing HHW collection facility or the
13 new PHHWCF to CITY's residents through local news media, distribution of printed flyers
14 and/or posters, and community service organizations at CITY expense;
15 2.2.2 Obtaining the use of volunteers the CITY requires for specific
16 tasks such as traffic control, handing out of flyers, surveys, etc. with any personnel within the
17 PHHWCF, subject to COUNTY approval.
18 2.2.3 Provide keys for either HHW collection facility to COUNTY for
19 access during non-operation hours.
20 3. JOINT PROVISIONS
21 3.1 COUNTY and CITY shall undertake joint responsibility for planning and
22 coordination meetings with CITY'S City Manager's office, COUNTY'S Waste Management
23 Department, CITY'S Fire Department, and other departments or agency representatives, as
24 necessary.
25 Agreement with Gty Of Palm Springs
Household Ha_ardoar Wave Collection Program 5
PD 4571591,2
1 3.2 All equipment purchased by COUNTY, including equipment purchased
2 through grant funding, will remain property of COUNTY, and all equipment purchased by CITY
3 will remain property of CITY at conclusion of agreement.
4 3.3 The days of operation for either HHW collection facility will be every
5 non-holiday weekend Saturday. The hours of operation for collection events will be from 9:00
6 a.m. to 2:00 p-m. on the mutually agreed upon scheduled days. Earlier morning hours may be
7 selected during summer months to avoid excessive heat.
8 4. HHW COLLECTION PROGRAM
9 4.1 The PHHWCF shall meet the following operation standards:
10 4.1.1 Traffic cones will be set up to safely control traffic flow and
11 minimize traffic congestion through the collection facility.
12 4.12 All participants' vehicles will have trunks open upon entering the
13 restricted zone, and occupant will participate in a survey to be designed for both CITY and
14 COUNTY use. Only authorized, trained personnel will be allowed in the restricted waste
15 handling areas. The restricted areas will include the following:
16 4.1.2.1 Vehicle unloading area;
17 4.1.2.2 Categorization and waste packaging area;
18 4.1.2.3 Area for processing "unknown" wastes to determine hazard
19 class.
20 4.1.3 Trained staff, either contracted or COUNTY, will segregate wastes
21 according to hazard class, package compatible materials into Federal Department of
22 Transportation approved hazardous materials shipping containers, and fill with inert, moisture
23 absorbent, granular, packing material as appropriate. Each shipping container will be labeled
24 and marked in accordance with State and Federal laws and regulations.
25 Agreement with City of Palm Springs
/f/ousehold Hazardous Waste Collection program 6
PO#57159i�P
1 4.1.4 Shipping papers will consist of written Hazardous Waste Manifests
2 and Bills of Lading according to the appropriate waste stream profile.
3 4.1.5 COUNTY shall retain copies of each Hazardous Waste Manifest
4 and/or Bill of Lading for a minimum of three years as prescribed by law.
5 4.1.6 All waste classification, packaging, labeling, marking, manifesting,
6 and transportation, for recycling and/or disposal of hazardous waste shall be done in accordance
7 with all applicable Federal and State laws and regulations pertaining to household hazardous
8 waste.
9 4.1.7 COUNTY will have the responsibility concerning the disposition
10 of the hazardous waste collected from the HHW Collection Program, with concurrence of the
11 contracted hazardous waste transportation and disposal company.
12 4.1.8 Meuse and recycling, rather than disposal, will be considered as the
13 primary waste management methods for material that can be reused or recycled in a timely and
14 cost effective manner.
15 4.1.9 Treatment methods of detoxification and/or incineration will be
16 considered before Class I landfill disposal.
17 4.1.10 All final recycling, treatment, and disposal facilities considered
18 must be authorized by the appropriate State and/or Federal regulatory agencies and found
19 without substantial violations.
20 4.1.11 Effort will be made to recycle water-based paint so that it can be
21 utilized for graffiti abatement projects or other useful purposes.
22 4.1.12 COUNTY or contracted personnel will remain on-site until all
23 hazardous waste is properly packaged, stowed and removed from the HHW collection site in
24
75 Agreement witk Ciry of Palm Springs
llnuselrald Hazardous Ntasee Collection Program 7
PO t57159v2
1r'
1 secured trailers to prevent the potential for spills or release to the HHW collection site, unless
2 prior arrangements are made with CITY.
3 4.1.13 During operating days, COUNTY'S Comanunity Health Agency,
4 Department of Environmental Health/County Fire Department Hazardous Materials Emergency
5 Response Team will be on call.
6 4.1.14 COUNTY requires that this program be open and available to any
7 resident of COUNTY and that non-residentially generated waste is excluded from acceptance.
8 4.1.15 COUNTY will provide a report to CITY that will quantify the
9 amount and types of HHW collected at the HHW collection facility_
10 5. HOLD HARMLESS
11 5.1 CITY shall indemnify and hold harmless the County of Riverside, its
12 Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board
13 of Supervisors, elected and appointed officials, employees, agents and representatives (the
14 "COUNTY'S Indemnified Parties") from any liability, claim, action or damage whatsoever,
15 including but not limited to, property damage, bodily injury, or death, based or asserted upon any
16 act or omission of CITY, its officers, employees, subcontractors, agents or representatives arising
17 out of or in any way relating to this Agreement and CITY shall defend at its sole expense and
18 pay all costs and fees, including but not limited to, attorney fees, cost of investigation, defense
19 and settlements or awards, on behalf of the COUNTY'S Indemnified Parties in any such claim or
20 action.
21 5.2 COUNTY shall indemnify and hold harmless CITY, its officers,
22 employees, subcontractors, agents or representatives (the "CITY'S Indemnified Parties") from
23 any liability whatsoever, including but not limited to, property damage, bodily injury, or death,
24 based or asserted upon any services of COUNTY, its Agencies, Districts, Special Districts and
25 Agreement wzzh City of Palm Springs
Household Hazardous fl7aste Colleatian Program 8
PO#571591,2
I Departments, their respective directors, officers, Board of Supervisors, elected and appointed
2 officials, employees, agents and representatives arising out of or in any way relating to this
3 Agreement and COUNTY shall defend at its sole expense and pay all costs and fees, including
4 but not limited to, attorney fees, cost of investigation, defense and settlements or awards, on
5 behalf of the CITY'S Indemnified Parties in any claim or action based upon such liability-
6 5.3 With respect to any action or clain-i subject to indemnification herein, the
7 indemnifying party shall, at their sole cost, have the right to use counsel of their choice and shall
8 have the right to adjust, settle, or compromise any such action or claim without the prior consent
9 of the indemnified party; provided, however, that any such adjustment, settlement or
10 compromise in no manner whatsoever limits or circumscribes the indemnifying party's
I 1 obligation to indemnify as set forth herein.
12 5.4 The provisions of this section shall survive the term of this Agreement.
13 6. ADMINISTRATION
14 6.1 The COUNTY Waste Management Department General Manager-Chief
15 Engineer(or designee) shall administer this Agreement on behalf of COUNTY.
16 6.2 The CITY Manager, or designee shall administer this Agreement on
17 behalf of CITY.
18 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.
22 S. TERM OF AGREEMENT
23 8.1 This Agreement shall be effective as of July 1, 2008 and continue in effect, unless
24
25 Agreement with City of Palm Springs
Household Hazardous Waste Collection Program 9
PD#57159v2
1 terminated by either party, without cause, upon thirty(30) days written notice served on the other
2 party.
3 9. ENTIRE AGREEMENT
4 9.1 This Agreement contains the entire agreement between the parties with
5 respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or
6 agreements both oral and written. This Agreement may be amended in writing with the
7 concurrence of both parties.
8 IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives
9 to execute this Agreement on the date written below.
10 RECOMME ED FOR APPROVAL: COUNT RIVER E .
11 By By
BANS W. KERNKA.MP RO ON, Chairman
12 General Manager-Chief Engineer Co ty,1,6f Riverside Board o upervisors
13 APPROVED AS TO FORM: ATTEST:
14 JOE S. RANK NANCY ROMERO
County Counsel Clerk of the Boar
15 (I. /i
By II � ✓c�b J )Sl he By
16 E�61na L. Victor Deputy
Deputy County Counsel
17 (SEAL)
18 LID l^"E D BY OF COUNCIL
19
CITY OF PALM SPRINGS
AAPROViEDA FORM
BY.
21
�e0 ryPd4rU+9� ai x:i", ,�
Title i "e���r
22 Fir.r . e 7 ',
Date: �� o� Title
23 - RM URN TO: ?7A
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24 CITY OF PALMSngVCS .
LOX 2743hompson, City Clerk
Agreement with Ciry ofPalm Springs25 PALMs�-ovr cA S=3
Household H=ardom Waste Collection Program 10 -
PD 957159v2
SEP 0 2 2008 /A• 3