Riverside Co/Hazardous Waste 14AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND
CITY OF LA QUINTA
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
This Agreement is made and entered into by and between the City of La Quinta,
hereinafter called "CITY," and the County of Riverside Waste Management Department,
I hereinafter called "COUNTY." This Agreement establishes the responsibilities of each party
I concerning COUNTY'S Household Hazardous Waste ("HHW") Collection Program for CITY.
RECITALS
WHEREAS, CITY and COUNTY 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, COUNTY has a well-developed and established HHW Collection Program,
for the purpose of diverting household hazardous waste; and,
WHEREAS, CITY has a site for a Temporary HHW Collection Event ("Event") located
on land owned by CITY at 78495 Calle Tampico, La Quinta, CA 92253 (designated as South
City Hall Parking Lot) suitable for conducting HHW collection for the benefit of CITY and
COUNTY citizens.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
herein contained, the Parties mutually agree as follows:
1. COUNTY'S DUTIES
1.1 COUNTY agrees to provide and/or perform the following services related to
holding a HHW collection event:
1.1.1 Obtain and fund the services of a state certified, licensed, bonded
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Agreement with City of La Quinta
Household Hazardous Waste Collection Program
PD #563794
and insured hazardous waste transportation 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 COUNTY;
1.1.2 Provide liability coverage and indemnification to the extent specified in
Section 5 below, with insurance coverage provided through COUNTY'S
self-insurance program;
1.1.3 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 the Code of Federal Regulations, Title 49,
California Health and Safety Code, and for Workers' Compensation coverage;
1.1.4 Cleanup any spills at the designated Event site associated with the Event,
and upon completion of the Event, clean up the designated site to the condition
existing prior to the Event;
1.1.5 Ensure that no hazardous materials of any type remain on site at the
conclusion of the Event, and/or that any household hazardous waste left at the site
is promptly removed upon prior arrangements by COUNTY with CITY;
1.1.6 Obtain all of the necessary permits and variances with the State of
California, Environmental Protection Agency, Department of Toxic Substances
Control and the County of Riverside, Community Health Agency, Department of
Environmental Health, Certified Unified Program Agency known as the CUPA;
1.1.7 Ensure that staffing to assist in site security and in receiving, classifying,
packaging, and manifesting the household hazardous waste received is provided,
either by COUNTY or the contracted disposal company, with a representative
Agreement with City ajLa Quinta
Household Hazardous Waste Collection Program
PD #56379v4
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from COUNTY supervising the activities at the HHW Collection Event;
1.1.8 Ensure that the contracted hazardous waste disposal company completes
the off-site transportation and ultimate disposal of the hazardous waste, in
accordance with State and Federal hazardous waste management and
transportation laws;
1.1.9 Act as an independent contractor in the performance of its obligations
hereunder, being subject to the control or direction of CITY merely as to the
result to be accomplished by the services hereunder, and not as to the means and
methods for accomplishing the results. 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 under this Agreement; COUNTY shall not be entitled
to any benefits payable to employees of CITY, including CITY workers' .
compensation benefits, and hereby holds 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;
1.1.10 Provide regional advertising of HHW collection schedule and events and
approve advertising provided by CITY as set out in Section 2.2.1.
2. CITY'S DUTIES
2.1 CITY agrees to provide a city -owned site, located at 78495 CaIIe Tampico, La
Quinta, CA 92253 (designated as South City Hall Parking Lot), that is satisfactory to
COUNTY and meets the following requirements:
2.1.1 Safety considerations;
2.1.2 Convenience to the public;
Agreement with City of La Quinta
Household Hm:ardous W isle Collection Program
PD #563794
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2.1.3 Safe and convenient traffic flow;
2.1.4 Available work space for handling, packaging, and transportation of
hazardous waste;
2.1.5 Concrete or asphalt work area;
2.1.6 Access to gates, water, electrical, and restroom facilities for the duration
of the HHW Collection Event.
2.2 CITY shall be responsible for the following activities:
2.2.1 At CITY expense, HHW collection event and permanent HHW collection
facility advertising, as approved by COUNTY, using local news media,
distribution of printed flyers/posters, and/or community service organizations;
2.2.2 May utilize volunteers for specific tasks, such as traffic control, handing
out of flyers, surveys, etc., with any personnel within the Collection site subject to
COUNTY approval.
3. JOINT PROVISIONS
3.1 COUNTY and CITY shall undertake joint responsibility for planning and
coordination meetings with the City Manager's office, Waste Management Department,
City Fire Department, and other departments or agency representatives, as necessary.
3.2 The hours of operation for the Collection Event(s) will be 9:00 a.m. to 2:00 p.m.
on days mutually agreed upon and scheduled sufficiently in advance for Event
arrangements to be made by both Parties.
4. HHW COLLECTION PROGRAM
4.1 The Household Hazardous Waste Collection Program event shall meet the
following operations standards:
Agreement with City of La Quinta
Household Ha=ardous Waste Collection Program
PD 956379v4
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1 4.1.1 Traffic cones will be set up to control traffic through the collection
2 facility;
3 4.1.2 All vehicles will have trunks open upon entering the restricted zone and
4 occupant will participate in a survey to be designed for both CITY and COUNTY
5 use. Only authorized and trained personnel will be allowed in the restricted waste
6 handling areas. The restricted areas will include the following:
7 4.1.2.1 Vehicle unloading area;
8 4.1.2.2 Categorization and waste packaging area;
9 4.1.2.3 Area for processing "unknown" wastes to determine hazard class.
10 4.1.3 The restricted areas (except the unloading area) will have, at a minimum, a
11 6 mil layer of visquene to prevent contamination of the pavement or soil. Only
12 authorized personnel will be allowed in the restricted area;
13 4.1.4 Trained contracted or COUNTY staff will segregate wastes according to
14 hazard classification, package compatible materials into Federal Department of
15 Transportation approved hazardous materials shipping containers and fill with
16 inert, moisture absorbent, granular, packing material as appropriate. Each
17 shipping container will be labeled and marked in accordance with State and
18 Federal laws and regulations;
19 4.1.5 Shipping papers will consist of written Hazardous Waste Manifests and
20 Bills of Lading according to the appropriate waste stream profile;
21 4.1.6 COUNTY shall retain copies of each Hazardous Waste Manifest and/or
22 Bill of Lading for a minimum of three years as prescribed by law;
23 4.1.7 All waste classification, packaging, labeling, marking, manifesting, and
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25 Agreement with City of La Quinta
Household Hazardous Waste Collection Program
PD #563794
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transportation for recycling and disposal of hazardous waste shall be done in
accordance with all applicable Federal and State Transportation laws and
regulations pertaining to hazardous materials;
4.1.8 COUNTY will have the responsibility for the disposition of the hazardous
waste collected from the HHW Collection Program, with concurrence of the
contracted hazardous waste transportation and disposal company;
4.1.9 Reuse and recycling, rather than disposal, will be considered as the
primary waste management method for material that can be reused or recycled in
a timely and cost effective manner;
4.1.10 Treatment methods of detoxification and/or incineration will be
considered before Class I landfill disposal;
4.1.11 All final recycling, treatment, and disposal facilities considered must be
authorized and found without substantial violations by the appropriate State
and/or Federal regulatory agencies;
4.1.12 Effort will be made to recycle water-based paint so that it can be utilized
for graffiti abatement projects or other useful purposes;
4.1.13 COUNTY or contracted personnel will remain on-site until all hazardous
waste is properly packaged, stowed and removed from the event site in secured
trailers to prevent the potential for spills or release to the event site, unless prior
arrangements are made with the CITY;
4.1.14 During the Event, the County of Riverside Hazardous Materials
Emergency Response Team will be on call;
25 Agreement with City oJLa Quinta
Household Hazardous Waste Collection Program
PD #56379v4
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4.1.15 COUNTY will require that this program be open and available to any
resident of COUNTY and that non -residentially generated waste is excluded from
acceptance;
4.1.16 COUNTY will provide a report to CITY that will quantify the amount and
types of household hazardous waste collected at the planned Collection Event.
5. HOLD HARMLESS
5.1 CITY shall indemnify and hold harmless the County of Riverside, its Agencies,
Districts, Special Districts and Departments, their respective directors, officers, Board of
Supervisors, elected and appointed officials, employees, agents and representatives (the
"COUNTY'S Indemnified Parties") from any liability, claim, action or damage
whatsoever, including but not limited to, property damage, bodily injury, or death, based
or asserted upon any act or omission of CITY, its officers, employees, subcontractors,
agents or representatives arising out of or in any way relating to this Agreement and
CITY shall defend at its sole expense and pay all costs and fees, including but not limited
to, attorney fees, cost of investigation, defense and settlements or awards, on behalf of the
COUNTY'S Indemnified Parties in any such claim or action.
5.2 COUNTY shall indemnify and hold harmless CITY, its officers, employees,
subcontractors, agents or representatives (the "CITY'S Indemnified Parties") from any
liability whatsoever; including but not limited to, property damage, bodily injury, or
death, based or asserted upon any services of COUNTY, its Agencies, Districts, Special
Districts and Departments, their respective directors, officers, Board of Supervisors,
elected and appointed officials, employees, agents and representatives arising out of or in
any way relating to this Agreement and COUNTY shall defend at its sole expense and
Agreement Ivith City of La Quinta
Household H=ardous Waste Collection Program
PD #563794
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pay all costs and fees, including but not limited to, attorney fees, cost of investigation,
defense and settlements or awards, on behalf of the CITY'S Indemnified Parties in any
claim or action based upon such liability.
5.3 With respect to any action or claim subject to indemnification herein, the
indemnifying party shall, at their sole cost, have the right to use counsel of their choice
and shall have the right to adjust, settle, or compromise any such action or claim without
the prior consent of the indemnified party; provided, however, that any such adjustment,
settlement or ,compromise in no manner whatsoever limits or circumscribes the
indemnifying party's obligation to indemnify as set forth herein.
5.4 The provisions of this section shall survive the term of this Agreement.
16. ADMINISTRATION
6.1 COUNTY Waste Management Department General Manager -Chief Engineer (or
designee) shall administer this Agreement on behalf of COUNTY.
6.2 The City Manager, or designee, shall administer this Agreement on behalf of
CITY.
7. 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.
8. TERM OF AGREEMENT
8.1 This Agreement shall be effective as of July 1, 2014, and continue in effect
through June 30, 2019, unless terminated by either party, without cause, upon thirty (30)
Agreement with Chy of La Quinta
Household Hazardous Waste Collection Program
PD #U63794
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days written notice served on the other party. In no event shall the contract be extended
beyond June 30, 2019.
19. 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.
IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives
to execute this Agreement on the date written below.
CITY OF LA QUINTA
By
�— -
Frank J. Spevacek, City Manager
Title City of La Quinta, California
Date: 1`'(
Agreement with City of La Quinta
Household H2ardous Waste Collection Program
PD 9563794
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COUNTY OF RIVERSIDE
By
2:Z_::�
ans emkamp
General Manager -Chief Engineer
Waste Management Department
Date: &i b-/�w
FORDAL C OLINSEL% 1 Z 1LLL t f
BY. R. DATE