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CC SR 20200317 G - Household Hazardous Waste Agreement CITY COUNCIL MEETING DATE: 03/17/2020 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to execute a Household Hazardous Waste Collection Program Siting Liability Agreement RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor and City Clerk to execute the attached Household Hazardous Waste Collection Program Siting Liability Agreement between the City, the County of Los Angeles, and Los Angeles County Sanitation District No. 2. FISCAL IMPACT: This work is included in the adopted FY19-20 budget. Amount Budgeted: $3,000 Additional Appropriation: N/A Account Number(s): 213-400-0000-5201 (Waste Reduction Fund- Maintenance) ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst REVIEWED BY: Elias Sassoon, PE, Director of Public Works APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Household Hazardous Waste Collection Program Siting Liability Agreement (page A-1) BACKGROUND AND DISCUSSION: The execution of this Siting Liability Agreement will facilitate the City’s hosting of the annual Household Hazardous Waste and Electronic Waste (HHW/E-Waste) Roundup event on May 30, 2020 at the Civic Center/City Yard site. For over two decades, City-hosted HHW/E-Waste roundups 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, expired medicine and medical sharps, used motor oil and filter, fluorescent lights, pesticides, herbicides, automotive coolants and lubricants) and electronic waste material (e.g., TVs, VCRs, computers, CD/DVD players, cellphones, answering 1 machines, printers and microwave ovens). The event will be free to Los Angeles County residents. The agreement (Attachment A) will hold harmless the City against any liability claims that may result from the May 30, 2020 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 the County of Los Angeles and County Sanitation District No. 2. The agreement has been reviewed and approved by the City Attorney’s office . The County also provides a certificate of self-insurance to the City prior to the event. Staff has begun and will continue to publicize this free event via the City and EDCO’s quarterly newsletters, the City’s website, Breaking News listserv messages, Nextdoor posts, banners, flyers at public facilities, and press releases to local newspapers. 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 or contractors will prepare the Civic Center/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 Civic Center site from Hawthorne Boulevard. Due to the large volume of traffic expected, Rancho Caninos Dog Park will be closed during this event and a notice of this temporary closure will be posted. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council’s consideration: 1. Direct Staff not to proceed with signing the Agreement which will result in the cancelation of this event. 2. Take other action, as deemed appropriate. 2 Page 1 of 3 COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM SITING LIABILITY AGREEMENT This Agreement is made and entered into this day of , 2020, 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 May 30, 2020. 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, em ployees 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 29, 2020, at 8 a.m. to prepare for the Roundup and to conduct the Roundup to be held on May 30, 2020. The Roundup will be scheduled, advertised, and available to the public between the hours of 9 a.m. and 3 p.m. on May 30, 2020, although household hazardous and electronic waste may be accepted as early as 8 a.m. and as late as 4 p.m. A-1 Page 2 of 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 Rou ndup on May 30, 2020, 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 RESPONSIBILIT IES: 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 aII 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. A-2 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Agr eement to be executed by their respective officers, duly authorized, by COUNTY SANITATION DISTRICT NO. 2 LOS ANGELES COUNTY on , 2020, and by the COUNTY OF LOS ANGELES on , 2020, and by the OWNER on , 2020. 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 By________________________ COUNTY OF LOS ANGELES By Director of Public Works APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By________________________ Deputy City of Rancho Palos Verdes By APPROVED AS TO FORM: Print Name (OWNER COUNSEL) By________________________ Title FM:vc P:\EA\EA\HHW \2020\RanchoPV20agr A-3