2019 RIVCO Dept of Waste Resources - Household Hazardous Waste Collection ProgramILITY
N RIVERSIDE COUN
► _ _ _ DEPARTMENT OF
Hans W. Kernkamp, General Manager -Chief Engineer
August 19, 2019
Gilbert Villalpando
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Subject: Household Hazardous Waste Collection Program Agreement
Dear Mr. Villalpando,
Enclosed please find an executed copy of the Agreement for the Household Hazardous Waste
Collection Program between the City of La Quinta and Riverside County Department of Waste
Resources, for your records.
Sincerely,
" 9,-,
Diane Sloan
Executive Assistant
LT:lt
Enclosure
PD # 57106 v4
14310 Frederick Street • Moreno Vulley, CA 92553 - (951) 486 -3200 • Fax (951) 486-3205 • Fax (951) 48b-3230
www.rcwaste.org
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AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND
CITY OF LA QUINTA FOR
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
This Agreement is made and entered into by and between the City of La Quinta, a charter
city and municipal corporation, ("CITY") and the County of Riverside, a political subdivision of
the State of California, on behalf of the Department of Waste Resources, ("COUNTY"). This
Agreement establishes the responsibilities of each party 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 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 ("HHW Collection Event").
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
' herein contained, the Parties mutually agree as follows:
11. 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
,I -
Agreement with City of La Quinta
Household Hazardous Waste Collection Program
PD 456379v10
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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 Clean up any spills at the designated HHW Collection Event site
associated with the HHW Collection Event, and upon completion of the HHW
Collection Event, clean up the designated site to the condition existing prior to the
HHW Collection Event;
1.1.5 Ensure that no hazardous materials of any type remain on site at the
conclusion of the HHW Collection 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,
Agreement with City ojLa Quinta
Household Hazardous Waste Collection Program
PD 956379vl0
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packaging, and manifesting the household hazardous waste received is provided,
either by COUNTY or the contracted disposal company, with a representative
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.
12. CITY'S DUTIES
2.1 CITY agrees to provide a city -owned site, located at 78495 Calle Tampico, La
Quinta, CA 92253 (designated as South City Hall Parking Lot), that is satisfactory to
COUNTY and meets the following requirements:
Agreement with City of La Quinta
Household Hazardous Waste Collection Program
PD 45637900
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2.1.1 Safety considerations;
2.1.2 Convenience to the public;
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 in writing, 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 CITY's City Manager's Office, Department of Waste
Resources, CITY Fire Department, and other departments or agency representatives, as
necessary.
3.2 The hours of operation for the HHW Collection Event(s) will be 9:00 a.m. to 2:00
p.m. on days mutually agreed upon in writing and scheduled sufficiently in advance for
HHW Collection Event arrangements to be made by both Parties.
Agreement with City of La Quinta
Household Hazardous Waste Collection Program
PD 956379vlO
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4. HHW COLLECTION PROGRAM
4.1 The HHW Collection Event shall meet the following operations standards:
4.1.1 Traffic cones shall be set up to control traffic through the collection
facility;
4.1.2 All vehicles shall have trunks open upon entering the restricted zone and
occupant shall participate in a survey to be designed for both CITY and
COUNTY use. Only authorized and trained personnel shall be allowed in the
restricted waste handling areas. The restricted areas shall include the following:
4.1.2.1 Vehicle unloading area;
4.1.2.2 Categorization and waste packaging area;
4.1.2.3 Area for processing "unknown" wastes to determine hazard class.
4.1.3 The restricted areas (except the unloading area) shall have, at a minimum,
a 6 millimeter layer of Visqueen to prevent contamination of the pavement or soil.
Only authorized personnel shall be allowed in the restricted area;
4.1.4 Trained contracted or COUNTY staff shall segregate wastes according to
hazard classification, package compatible materials into Federal Department of
Transportation approved hazardous materials shipping containers and fill with
inert, moisture absorbent, granular, packing material as appropriate. Each
shipping container shall be labeled and marked in accordance with State and
Federal laws and regulations;
4.1.5 Shipping papers shall consist of written Hazardous Waste Manifests and
Bills of Lading according to the appropriate waste stream profile;
Agreement with City of La Quinta
Household Hazardous Waste Collection Program
PD 95637900
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4.1.6 COUNTY shall retain copies of each Hazardous Waste Manifest and/or
Bill of Lading for a minimum of three years as prescribed by law;
4.1.7 All waste classification, packaging, labeling, marking, manifesting, and
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 shall 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, shall 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 shall 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 shall 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;
Agreement with City of La Ouima
Household Hazardous Waste Collection Program
PD 45637900
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4.1.14 During the HHW Collection Event, the County of Riverside Hazardous
Materials Emergency Response Team shall be on call;
4.1.15 COUNTY shall require that this HHW Collection Program be open and
available to any resident of COUNTY and that non -residentially generated waste
is excluded from acceptance;
4.1.16 COUNTY shall provide a report to CITY that shall quantify the amount
and types of household hazardous waste collected at the planned HHW Collection
Event.
5. HOLD HARMLESSANDEMNIFICATION
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
("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 ("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
Agreement with City of La Quinta
Household Hazardous Waste Collection Program
PD 956379vlO
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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
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.
ADMINISTRATION
6.1 COUNTY Department of Waste Resources General Manager -Chief Engineer, or
designee, shall administer this Agreement on behalf of COUNTY.
6.2 CITY's City Manager, or designee, shall administer this Agreement on behalf of
CITY.
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.
TERM OF AGREEMENT
Agreement with City of La Quinta
Household Hazardous Waste Collection Program
PD #5637900
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8.1 This Agreement shall be effective as of July 1, 2019, and continue in effect
through June 30, 2024, unless terminated by either party, with or without cause, upon
thirty (30) days written notice served on the other party. In no event shall the Agreement
be extended beyond June 30, 2024.
9. 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.
10. FORCE MAJEURE
10.1 If either party is unable to comply with any provision of this Agreement due to
causes beyond its reasonable control, and which could not have been reasonably
anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such
party shall not be held liable for such failure to comply.
11. SEVERABILITY
11.1 If any provision or part thereof in this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions or part thereof
will nevertheless continue in full force without being impaired or invalidated in any way.
Agreement with City of La Ouinta
Household Hazardous Waste Collection Program
PD #5637900
[Signatures of Following Page]
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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
Ji raM,cN len
Title City Manager
Date: 1 4) lei
Agreement with City of La Quinta
Household Hazardous Waste Collection Program
PD 956379v10
COUNTY OF RIVERSIDE
By
Hans Kernkamp
General Manager -Chief Engineer
Department of Waste Resources
Date:
FORM AP COUNTY COUNSEL
BY' AMRiT . DOILLON A E
CAL IPORNIA
July 29, 2019
Riverside County Department of Waste Resources
Lisa Thompson, Program Administrator
14310 Frederick Street
Moreno Valley, CA 92553
Re: Agreement Between County of Riverside and City of La Quinta for
Household Hazardous Waste Collection Program
Dear Ms. Thompson,
Enclosed are two signed agreements by the City of La Quinta for household
hazardous waste collection program services.
Please contact me if you have any questions via email: MRadeva@LaQuintaCA.gov
or phone (760) 777 - 7035.
Sincerely,
Monika Radeva, City Clerk
City of La Quinta, California