Loading...
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 -t- 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 -2- 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 -3- 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 -4- 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 24 _5_ 25 Agreement with City of La Quinta Household Hazardous Waste Collection Program PD #563794 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 -9- 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