HomeMy WebLinkAbout05358 - COUNTY OF RIVERSIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM City Council Minutes
October 18, 2006
Page 10
expense from taxi fees for the remaining four years and five months of the
Agreement; and 2) Authorize the City Manager to execute all necessary
documents. A5215. Approved as part of the Consent Calendar.
2.L. APPROVE VEHICLE OUTFITTING FOR POLICE DEPARTMENT:
ACTION: Adopt Minute Order No. 7937, Waiving the competitive
requirements of the Municipal Code and approving the purchase of
equipment and integration services for eight (8) police patrol vehicles from
Woodcrest Vehicle Center in the amount of $70,238.88 Approved as
part of the Consent Calendar.
2.M. RESIGNATION OF BOB TURANCHIK FROM THE RENT REVIEW
COMMISSION:
ACTION: 1) Accept with regret the resignation of Bob Turanchik from the
Rent Review Commission; and 2) Direct the City Clerk to post a Notice of
Vacancy and advertise the vacancy on PSCTV. Approved as part of the
Consent Calendar.
2_N. PROPOSED LETTER OF SUPPORT FOR THE INLAND EMPIRE
JURISDICTIONS' SUPPORT FOR THE GOODS MOVEMENT
INITIATIVE:
ACTION: Authorize the Mayor to execute the Statement By Elected '
Representatives of Every Jurisdiction in San Bernardino and Riverside
Counties that Must Become Southern California's Overriding Priority
0document. Approved as part of the Consent Calendar.
2.0. AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE
OPERATION OF A HOUSEHOLD HAZARDOUS WASTE COLLECTION
FACILITY:
ACTION: 1) Adopt Minute Order No. 7938, Approving an agreement with
the County of Riverside for the operation of a permanent household
hazardous waste collection facility at the Citys Fire Training Center; and
2) Authorize the City Manager to execute all necessary documents.
A5358. Approved as part of the Consent Calendar.
2.td. APPROVAL OF EXPENDITURE PLAN OF SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUNDS (SLESF) GRANT:
ACTION: 1) Adopt Minute Order No. 7939, Approving an expenditure plan
for $202,000 from a Supplemental Law Enforcement Services Fund
(SLESF) Grant from the State of California; and 2) Authorize the City
Manager to execute all necessary documents. Approved as part of the
Consent Calendar.
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1 AGREEMENT BETWEEN COUNTY OF RIVERSIDE
AND CITY OF PALM SPRINGS
2
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 party in
7 implementing COUNTY'S Household Hazardous Waste ("HHW") Collection Program in CITY.
8 RECITALS
9 A. WHEREAS, CITY Lind 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 L 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:
22 1.1.1 Operate a COUNTY-owned and pern-fitted 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-certified, licensed, bonded
2 and insured hazardous waste transportation and disposal company tluough 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 111IW 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 bas 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 oFthe 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 a5 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 State and Federal hazardous waste management and transportation laws.
4 1.1.10 Purchase equipment necessary to manage and rttn the HHW 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 Agreement;
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 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, that is satisfactory to COUNTY and meets the following
17 requirements:
18 2.1.1 Safety considerations.
19 2.1.2 Convenient to the public.
20 2.1.3 Safe and convenient traffic flow.
21 2.1.4 Available work space for handlin;, packaging-, 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 2.1.7 Accessible to trash disposal dumpsters, gates, water, electrical, and
2 restroom facilities for the duration of the PHHWCF operating day($) and on weekdays during
3 normal business hours to prepare recyclable waste for shipping.
4 22 CITY shall be responsible for the following activities:
5 22.1 Advertising of the PI-111WCF to CITY's residents through local
6 news media, distribution of printed flyers and/or posters, and community service organizations at
7 CITY expense;
8 22.2 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 agreement.
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 fi-om 9:00 a.m. to 2:00
22 p.m. on the muLually 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 m inirnize
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 absorbent, 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 Bills 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 o f Lading for a 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 lazardous waste shall be done in accordance
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1 with all applicable Federal and State laws and regulations pertaining to household hazardous
2 waste.
3 4.1.7 COUNTY will have the responsibility concerning 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 manner.
9 4.1.9 Treatment methods of detoxification and/or incineration will be
10 considered before Class I landfill disposal.
11 4.1.10 All final recycling, treahnent, 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 proposes.
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 PHHWCF 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 Environmental Health/County Fire Department Hazardous Materials Emergency
22 Response Team will be on call-
2 3 4.1.14 COUNTY requires that this program be open and available to any
24 resident of COUNTY and that non-residentially generated waste is excluded from acceptance.
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1 4.1.15 COUNTY will provide a report to CTTY that will quantify the
2 amount and types of HHW collected at the PHHWCF.
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,
11 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 hrdenrmfied Parties") from
16 any liability whatsoever, including but not limited to, property damage, bodily injury, or death,
17 based or asserted upon any services of COUNTY, its Agencies, Districts, Special Districts and
18 Departments, their respective directors, officers, Board of Supervisors, elected and appointed
19 offcials, 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 indemni lying party shall, at their sole cost, have the right to use counsel of their choice and shall
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1 have the right 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 circumscribes the indemnifying party's
4 obligation to indemnify as set forth herein-
5 5.4 Tndemnifying party's obligation hereunder shall be satisfied when they
6 have provided the indemnified patty the appropriate form of dismissal relieving the indemnified
7 party from any liability for the action or claim involved.
8 5.5 hi the event there is conflict 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, ADMTNTSTRATION
14 6.1 COUNTY'S Waste Management Department General Manager-Chief
15 Engineer, or designee, shall administer this Agreement on behalf of COUNTY_
16 62 CITY'S 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. 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
13 RECOMMENDED FOR APRPOVAL:
14 Dated: 7
Le ley B. ila s, S lid Waste Planning-Manager
15 Planning and Recycling Division
16
CITY OF PALM SPRINGS COUNTY OF RfVERS1DE
17
f'
/ /
Ey ! f By /
19 General Manager--ChieFEngineer
Title CTf Waste Management Departrnent
20
Date: to•23•vb
21 . -AT-TEST- APPROVED EV CnY MANAGER
- FOR
11 ROVED
CO�NrrC ot"$EL
SEE�P 0 7 2N6
James Thompson, City Clerk
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