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CC SR 20180116 F - Household Hazardous Waste Siting AgmtRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 01/16/2018 AGENDA HEADING: Consent Calendar Consideration and possible action to execute a Household Hazardous and Electronic Waste Collection Program Site Liability Agreement RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor 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. FISCAL IMPACT: This work is included in the adopted FY17-18 municipal budget. Amount Budgeted: $3,000 Additional Appropriation: 0 Account Number(s): 213-400-0000-5201 ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst - REVIEWED BY: Elias Sassoon, PE, Director of Public Works 26 APPROVED BY: Doug Willmore, City Manager _�l V*0_ ATTACHED SUPPORTING DOCUMENTS: A. Household Hazardous Waste Siting Agreement (page A-1) B. County of Los Angeles- Certificate of self -Insurance (page B-1) BACKGROUND AND DISCUSSION: The execution of this agreement will facilitate the City's hosting of the annual Household Hazardous Waste and Electronic Waste (HHW/E-Waste) Round -Up event on April 28, 2018, at the City Hall/City Yard site. The agreement will also hold -harmless the City against any liability claims that may result from the HHW/E-Waste roundup activities taking place on City -owned property, and shifts the liability to the County of Los Angeles. The event will be sponsored by County of Los Angeles and County Sanitation District No. 2, and they require signing this agreement (Attachment A). The agreement has been reviewed and approved by the City Attorney's office. The County has also provided a certificate of self-insurance (Attachment B). 1 For over two decades, the City -hosted HHW/E-Waste round -ups have been an excellent and convenient opportunity for residents of Rancho Palos Verdes and neighboring Peninsula cities to properly dispose of household hazardous waste (e.g., batteries, paint, medical sharps, fluorescent lights, pesticides, herbicides, automotive coolants and lubricants) and electronic waste material (e.g., TVs, VCRs, computers, CD/DVD players, cell phones, answering machines, printers and microwave ovens). The event will be free to Los Angeles County residents. Staff plans to publicize this free event via the City newsletter and website, website "Breaking News" listserv, Nextdoor posts, EDCO's quarterly newsletter, banners, fliers and press releases to local papers. Staff has also notified the neighboring cities of the date of the event, 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. As in previous years, City maintenance staff will prepare the City Yard site in advance of the event. Staff will also assist the County's contractor in implementing an event -day traffic control plan to and from the City Hall site on Hawthorne Boulevard. A courtesy e- mail notification will be sent to the known adjacent neighborhood contacts. Due to the large volume of traffic expected, Rancho Caninos Dog Park will be closed during this event. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council's consideration: Take other action as deemed appropriate by the City Council. 2 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 28, 2018. 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 27, 2018, at 8 a.m. to prepare for the Roundup and to conduct the Roundup to be held on April 28, 2018. The Roundup will be scheduled, advertised, and available to the public between the hours of 9 a.m. and 3 p.m. on April 28, 2018, 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 28, 2018, 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 ORIGINAL APPROVED AS TO FORM: Chief Engineer and General Manager LEWIS, BRISBOIS, BISGAARD & SMITH, LLP District Counsel APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By Deputy APPROVED AS TO FORM: Aleshire& Wynder, LLP Z TS:kk P AEA\EA\H H W\2018\RanchoPV18agr COUNTY OF LOS ANGELES By Director of Public Works City of Rancho Palos Verdes 11 Page 3 of 3 Print Name Title A-3 MARK PESTRELLA, Director COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through Effective and Caring Service" 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91 803-1 33 1 Telephone: (626) 458-5100 http://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: EP -3 December 12, 2017 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, MARK PESTRELLA Director of Public Works PHIL DOUDAR Assistant Deputy Director Environmental Programs Division TS:mg P:\EA\EA\H H W \2018\Ra nchoPV 181tr M COUNTY OF LOS ANGELES: CERTIFICATE OF SELF-INSURANCE County Department or Agency: County of Los Angeles Department of Public Works Subject Agreement or County Household Hazardous and Electronic Waste Collection Program Name: Program Site Liability Agreement Event Location: Rancho Palos Verdes City Hall/City Yard 30940 Hawthorne Blvd., Rancho Palos Verdes, CA. 90275 Date(s) of Event: April 28, 2018 County Program Coordinator: Morena Guardado Telephone and Fax Numbers: Phone: (626) 458-6930 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 3333 Wilshire Blvd, Suite 820, Los Angeles, CA 90010 f Phone: (213) 351- 5354 Fax: (213) 252-0404 Laurie Milhiser Assistant Chief Executive Officer Coverage Effective: April 27, 2018, to April 28, 2018 Date Issued: December 12, 2017 LM:LP B_2 SG