CC 20161206 K HHW roundup agreementRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 12/06/2016
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to execute a Household Hazardous and Electronic
Waste Collection Program Site Liability Agreement with the County of Los Angeles and
County Sanitation District No. 2 of Los Angeles County.
RECOMMENDED COUNCIL ACTION:
1. Authorize the Mayor and City Clerk to execute the attached Household Hazardous
and Electronic Waste Collection Program Site Liability Agreement with the County of
Los Angeles and County Sanitation District No. 2 of Los Angeles County.
FISCAL IMPACT: The estimated cost to implement the proposed agreement is $2,000
to $3,000, which is included in the adopted municipal budget.
Amount Budgeted:
Additional Appropriation:
Account Number(s):
$3,000
None requested
213-3013-431-43-00
ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst
REVIEWED BY: Michael Throne, PE, Director of Public Works h
APPROVED BY: Doug Willmore, City Manager'/`Wvv
ATTACHED SUPPORTING DOCUMENTS:
A. Siting Liability Agreement for with County of Los Angeles and County
Sanitation District No. 2 of Los Angeles County (page A-1)
BACKGROUND AND DISCUSSION:
On Saturday, April 8, 2017, the City of Rancho Palos Verdes (RPV) will be co -hosting its
annual Household Hazardous Waste and Electronic Waste (HHW/E-Waste) Round -Up
with the Los Angeles County Department of Public Works and the County Sanitation
District No. 2.
For over two decades, the City -held round -ups have been an excellent and convenient
opportunity for residents of RPV and neighboring cities to properly dispose of household
hazardous waste (batteries, paint, medical sharps, fluorescent lights, pesticides and
herbicides, automotive coolant and lubricants) and electronic waste material (TVs, VCRs,
computers, answering machines, printers, microwaves).
1
The attached agreement will hold the City of RPV harmless against any liability claims
that may result from the HHW/E-Waste round -up activities taking place on City -owned
property, and shifts the liability to the County of Los Angeles. The agreement has been
reviewed and approved by the City Attorney's office.
The County has also provided a certificate of self-insurance. The California Joint Powers
Insurance Authority (CJPIA) has reviewed and approved the insurance levels.
Staff plans to publicize this free event via the City quarterly newsletter, City website,
listsery breaking news announcements, RPVty, EDCO's quarterly newsletters/billing
inserts, fliers, Facebook, NextDoor and press releases to local papers. Staff has also
contacted the neighboring cities, and the County will place ads in local newspapers. This
is one of the City's continued efforts in implementing its Source Reduction and Recycling
Element (SRRE) programs.
Similar to previous years, there will be an event day traffic control plan to and from the
Civic Center on Hawthorne Boulevard, and a courtesy notification will be sent to the
adjacent neighborhoods.
There will be a cost of approximately $2,00043,000, which includes maintenance
workers' time preparing the Civic Center area prior to this roundup, and arranging for
the traffic control plan on the day of the event. These expenditures are already
budgeted in the Waste Reduction Fund.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Do not sign the agreement authorizing the round -up.
2. Take other action, as deemed appropriate by the City Council.
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COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM SITING LIABILITY AGREEMENT
This Agreement is made and entered into this day of , 201_,
by and between the COUNTY OF LOS ANGELES, (hereinafter referred to as "County"),
County Sanitation District No. 2 of Los Angeles County (hereinafter referred to as
"District"), and the City of Rancho Palos Verdes (hereinafter referred to as "Owner").
Whereas, the County and District have agreed to co-sponsor a Household
Hazardous and Electronic Waste Collection Event ("Roundup") to provide Los Angeles
County residents an environmentally safe means and place to dispose of household
hazardous waste.
Whereas, the County and the District have entered into that certain Household
Hazardous Waste Collection Agreement dated February 1, 1992 (the "County -District
Agreement"), which sets forth the obligations of the County and the District in connection
with Household Hazardous Waste Collection Events such as the Roundup.
Whereas, Owner desires to support this worthwhile project by offering use of its
property located at Rancho Palos Verdes City Hall/City Yard, 30940 Hawthorne Boulevard,
Rancho Palos Verdes, for the Roundup. The Roundup is scheduled for April 8, 2017.
NOW, THEREFORE, County, District, and Owner agree as follows:
Article 1. DEFINITIONS
Household hazardous waste includes, but is not limited to, pesticides, cleaning solvents,
automotive fluids, waste oil, paint and related products, hobby and art chemicals, batteries,
and similar items. Electronic waste includes, but is not limited to computers, printers,
cables, televisions, VCRs, stereos, and similar items.
Article 2. USE OF PROPERTY
Owner agrees to permit County, District and their agents, employees and waste
collection contractors to use Owner's property located at Rancho Palos Verdes City
Hall/City Yard, 30940 Hawthorne Boulevard, Rancho Palos Verdes, beginning
April 7, 2017, at 8 a.m. to prepare for the Roundup and to conduct the Roundup to be held
on April 8, 2017. The Roundup will be scheduled, advertised, and available to the public
between the hours of 9 a.m. and 3 p.m. on April 8, 2017, although household hazardous
and electronic waste may be accepted as early as 8 a.m. and as late as 4 p.m.
Page 1 of 3
A-1
Owner agrees to permit the County and District to use the area where the Roundup
is held for a reasonable time, not to exceed 24 hours following termination of the Roundup
on April 8, 2017, by 4 p.m., to package and remove all collected hazardous, nonhazardous,
and electronic waste from Owner's property. Limited rental equipment such as fork lifts,
etc., may be left at Owner's property until pick up by the rental company no later than the
second work day of the week following the Roundup. The County and District will store
such equipment away from traffic areas, approved by the Owner, until picked up by the
rental company. The Owner shall not be responsible for any loss, damage or liabilities
arising out of the use or storage of such rental equipment.
Owner further agrees to provide such use of its property to the County and District
without compensation.
Article 3. COUNTY AND DISTRICT'S RESPONSIBILITIES:
A. County is a self-insured agency and shall provide Owner a Certificate of
Self -Insurance.
B. County agrees to release, indemnify, defend, and hold harmless Owner, its partners,
employees, officers, and agents against any and all liability and expense, including defense
costs and legal fees and claims for damages, including but not limited to, bodily injury,
death, personal injury or property damage, arising out of or associated with the use of
Owner's property for the purposes of the Roundup, including but not limited to the acts or
omissions of County or District's contractors in conducting the Roundup, except to the
extent caused by an act or omission of Owner or its officers, employees or agents.
C. County and District agree to comply with all applicable Federal, State, and local laws
in conducting the Roundup, and in packaging, removing, and disposing of all waste
collected.
D. County and District agree to remove and clean up any spill or other release of
hazardous, non -hazardous waste, or electronic waste resulting from the Roundup and
restore affected site facilities to their original condition.
E. County and District agree to provide all overnight security and protection
personnel/services necessary for the County's, District's, and their contractor's
equipment/supplies that are stored on the Owner's property prior to or following the
Roundup, until such time that all such equipment/supplies are removed from the Owner's
property.
F. The responsibilities of the County and the District to each other with regard to the
Roundup are governed by the County -District Agreement, which shall remain in full force
and effect and which is not intended to be superseded by this Agreement.
Page 2 of 3
A-2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their respective officers, duly authorized, by COUNTY SANITATION DISTRICT NO. 2
LOS ANGELES COUNTY on , 201_, and by the COUNTY
OF LOS ANGELES on 201, and by the OWNER on
, 201_.
COUNTY SANITATION DISTRICT No. 2
OF LOS ANGELES COUNTY
By
Chief Engineer and General Manager
ORIGINAL APPROVED AS TO FORM:
LEWIS, BRISBOIS, BISGAARD & SMITH, LLP
District Counsel
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
By
Deputy
APPROVED AS TO FORM:
(OWNER COUNSEL)
as
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COUNTY OF LOS ANGELES
By
Director of Public Works
City of Rancho Palos Verdes
Print Name
Title
Page 3 of 3
A-3
GAIL FARBER, Director
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
"To Enrich Lives Through Effective and Caring Service"
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803-1331
Telephone: (626) 458-5 100
http://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO:
P.O. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
IN REPLY PLEASE
REFER TO FILE: EP -3
November 16, 2016
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275-5351
Dear Site Owner:
COUNTYWIDE HOUSEHOLD HAZARDOUS AND ELECTRONIC
WASTE COLLECTION PROGRAM
SITE LIABILITY AGREEMENT
CERTIFICATE OF INSURANCE
Please accept our certification that self-insurance will apply with respect to the liabilities
assured by the County under the subject agreement. This coverage is in effect only
for the dates and locations specified in the certificate. You must report any
claim or demand immediately in order not to jeopardize your coverage.
Please do not hesitate to call the County of Los Angeles, Chief Executive
Office, Risk Management Operations at (213) 351-5354 if you need further
information.
Sincerely,
GAIL FARBER
Director of Public Works
DANIEL J. LAFFERTY
Assistant Deputy Director
Environmental Programs Division
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COUNTY OF LOS ANGELES: CERTIFICATE OF SELF-INSURANCE
County Department or Agency:
Subject Agreement or County
Program Name:
Event Location:
Date(s) of Event:
County Program Coordinator:
Telephone and Fax Numbers:
County of Los Angeles Department of Public Works
Household Hazardous and Electronic Waste Collection
Program Site Liability Agreement
Rancho Palos Verdes City Hall/City Yard
30940 Hawthorne Blvd., Rancho Palos Verdes, CA. 90275
April 8, 2017
Kristin Keating
Phone: (626) 458-2505 Fax: (626) 979-5390
Between the County of Los Angeles and:
Name of Requesting,
Party: City of Rancho Palos Verdes
Mailing Address: 30940 Hawthorne Blvd., Rancho Palos Verdes, CA. 90275-5351
Contact Person &
Telephone: Ms. Lauren Ramezani (310) 544-5252
This Certificate of County Self -Funding of Insurance Obligation (Certificate) is the County of
Los Angeles' (County) authorized statement that it has elected to self -fund its financial obligations
pursuant to the above Agreement. This self -funding of liability is limited to, and determined solely
by the terms of the Agreement, and applies only to the extent permitted by State Law.
This Certificate is provided for informational purposes only and does not affect or expand any of
the County's obligations pursuant to the Agreement. This Certificate also confirms that the
County is not an insurance company and that no insurance obligation or relationship exists or will
be established in any manner between the County and the City of Rancho Palos Verdes.
The County is permitted to self -fund its liabilities arising from acts or omissions of the County and
its appointed and elected officers, employees, and volunteers (except for actual fraud, corruption
or malice) under California Government Code Section 989-991.2, County Code Chapter 5.32, and
Articles 1 and 2 of the County Charter. The liabilities that the County self -funds include general
and automobile liability and workers' compensation.
Any questions concerning this Certificate should be directed to the Chief Executive Office,
Risk Management Branch, Risk Management Operations at (213) 351-5354. Claims for damages
concerning this Agreement must be filed in writing with the Executive Office of the
Board of Supervisors, at the Kenneth Hahn Hall of Administration, 500 West Temple Street,
Room 383, Los Angeles, CA 90012.
For further information, or in event of claim, contact the following:
Certified by: County of Los Angeles, Chief Executive Office
Risk Management Branch, Risk Management Operations
l 3333 Wilshire Blvd, Suite 820, Los Angeles, CA 90010
— -`� Phone: (213) 351- 5354 Fax: (213) 252-0404
Laurie Milhiser
Assistant Chief Executive Officer
Coverage Effective: April 7, 2017, to April 8, 2017
Date Issued: November 16, 2016
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