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RPVCCA_CC_SR_2014_02_18_D_LA_County_Agmt_Household_Hazardous_&_Electronic_WasteCfTYOF RANCHO PALOS VERDES MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: Project Manager: HONORABLE MAYOR & CITY COUNCIL MEMBERS MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS ii)) FEBRUARY 18, 2014 HOUSEHOLD HAZARDOUS AND ELECTRONIC WASTE COLLECTION PROGRAM SITE LIABILITY AGREEMENT WITH COUNTY OF LOS ANGELES CAROLYNN PETRU, ACTING CITY MANAGE~ Lauren Ramezani, Sr. Administrative Analyst '-Ai-- RECOMMENDATION 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. BACKGROUND On Saturday, May 10, 2014, the City of Rancho Palos Verdes (RPV) will be co-hosting its annual Household Hazardous Waste and Electronic Waste (HHW/E-Waste) Round-Up at the City Hall/City Yard facility sponsored by the Los Angeles County Department of Public Works and the County Sanitation District No. 2. DISCUSSION Since 1996, these 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 and electronic waste material. The attached agreement will hold- harmless the City of RPV 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 County has also provided a certificate of self-insurance. The agreement has been reviewed and approved by the City Attorney's office. W:\LAUREN\STAFFRPT\REFUSE\2014\HHW-E waste roundup 2014.docx 2/11/2014 D-1 HHW Agreement February 18, 2014 Page2 Staff plans to publicize this free event via the City newsletter, City website, list serv/ breaking news announcements, Channel 33, haulers newsletters/billing inserts, 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. FISCAL IMPACT There will be a cost of approximately $2,000-$3,000, which includes: City staff time organizing and publicizing this event and maintenance workers time preparing the Civic Center's City Yard area prior to this roundup. These expenditures are already budgeted in the Waste Reduction Fund, therefore no further budgetary action is necessary. Attachments: Agreement Certificate of Self-Insurance W:\LAUREN\STAFFRPnREFUSE\2014\HHW-E waste roundup 2014.docx D-2 COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM SITING LIABILITY AGREEMENT This Agreement is made and entered into this __ day of , 2014, 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") fo 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 May 10, 2014. 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 May 9, 2014, at 8 a.m. to prepare for the Roundup and to conduct the Roundup to be held on May 10, 2014. The Roundup will be scheduled, advertised, and available to the public between the hours of 9 a.m. and 3 p.m. on May 10, 2014, 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 D-3 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 May 10, 2014, 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 which is not intended to be superseded by this Agreement. Page 2 of 3 D-4 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 , 2014, and by the COUNTY OF LOS ANGELES on , 2014, and by the OWNER on --------' 2014. ORIGINAL APPROVED AS TO FORM: COUNTY SANITATION DISTRICT No. 2 OF LOS ANGELES COUNTY By~~~~~~~~~~~~ Chief Engineer and General Manager ,, LEWIS, BRISBOIS, BISGAARD & SMITH, LLP District Counsel APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel By~~~~~~~~~­ Deputy APPROVED AS TO FORM: (OWNER COUNSEL) By~~~~~~~~~- AK:fm P:\EA\EA \HHW\2014\RanchoPV14agr COUNTY OF LOS ANGELES By~~~~~~~~~~~- Di rector of Public Works City of Rancho Palos Verdes Print Name Title Page 3 of 3 D-5 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through Effective and Caring SeNice" GAIL FARBER, Director February 6, 2014 City of Rancho Palos Verdes 30940 Hawthorne Boulevard 900 SOUTH FREMONT A VENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 http://dpw.lacounty.gov Rancho Palos Verdes, CA 90275-5351 Dear Site Owner: COUNTYWIDE HOUSEHOLD HAZARDOUS AND ELECTRONIC WASTE COLLECTION PROGRAM SITE LIABILITY AGREEMENT CERTIFICATE OF INSURANCE ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: EP-3 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 PAT PROANO Assistant Deputy Director Environmental Programs Division AK:fm P:\EA \EA \HHW\2014\RanchoPV141tr D-6 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: The Col!lrltY is . its appointed a or malice) unde Articles 1 and 2 and automo.bjle lia Any questions conce Risk Management Brarich, concerning this Ag1Leeme Board of Supervisors, at the Room 383, Los Angeles, C For further information, or in Certified by: Laurie Milhiser Assistant Chief Executive Officer Coverage Effective: Date Issued: LM:LP SG 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 May 10, 2014 25 E b,1 ''"'"'th c' t f I .. .. ... , '·'""$",. e ... ,9un y o ctie~ to self-fund its financial obligations )frtr is !Jmjted·tc:i, .. aQct determined solely ~t fperM;ifti9d by ;$tlaf(~\l&aw. 11 , i ·lit ! . i', .• . ly ~f d 1dtj~~ '1ot ~ff~~ ;~~ ~xpar:ic!tany of · ~ q~~1f1 e f!I~~ ( c0,~f1rm~ that th_e hga~10 r r~la~1qn§lillP exists or will i 1 of . alos Verdes. e Cdillnty and aud, corruption apter 5.32, and s include general e filed in writing Hahn Hall of Adm hief Executive Office, 354. Claims for damages Exeq;J:Jtive Office of the 500' West Temple Street, cllinl l"i.}g: a. r 1 ·· "'" IP of Los Angeles, Chief Executive Office Risk Management Branch, Risk Management Operations 3333 Wilshire Blvd, Suite 820, Los Angeles, CA 90010 Phone: (213) 351-5354 Fax: (213) 252-0404 May 09, 2014, to May 10, 2014 February 06, 2014 D-7