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CC SR 20210406 O - Household Hazardous Waste Agreement CITY COUNCIL MEETING DATE: 04/06/2021 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to execute a Household Hazardous Waste Collection Program Siting Liability Agreement between the City and the County of Los Angeles and the 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 Waste Collection Program Siting Liability Agreement FISCAL IMPACT: The cost to promote this event is included in the adopted FY20-21 municipal budget. Amount Budgeted: $26,000 Additional Appropriation: N/A Account Number(s): 213-3-400-0000-5102 {Waste Reduction Fund- Legal Notices & Advertising} ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst REVIEWED BY: Ramzi Awwad, 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: For over two decades, the City has hosted Hazardous Household Waste and Electronic Waste (HHW/E-Waste) Round-Up as a convenient opportunity for residents of Rancho Palos Verdes and neighboring Peninsula cities to properly dispose of household hazardous waste (e.g., batteries, paint, used motor oil and filter, fluorescent lights, pesticides, herbicides, automotive coolants, and lubricants), expired medicine (noncontrolled pharmaceutical waste) and medical sharps, and electronic waste material (e.g., TVs, VCRs, computers, CD/DVD players, cell phones, answering machines, printers, and microwave ovens). The event will be held at the Civic Center, City Yard site on May 1, 2021 from 9 a.m. – 3 p.m., and is sponsored by Los Angeles County (County) 1 and the County Sanitation District No. 2 of Los Angeles County. The event will be free to Los Angeles County residents. The execution of this Siting Liability Agreement (Attachment A) is required by the County and will facilitate the City’s hosting of the annual HHW/E-Waste Round-Up event. The agreement will hold-harmless the City against any liability claims that may result from the activities taking place on City-owned property and shifts the liability to the County. The agreement has been reviewed and approved by the City Attorney’s office. The County has also provided a certificate of self-insurance to the City for the week of the event. Staff has begun and will continue to publicize this free event via the City and EDCO, the City’s residential hauler’s quarterly newsletters, City website, website “Breaking News” listserv, Nextdoor posts, banners, fliers at public facilities, advertisements, 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 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 on 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. Staff has reached out to EDCO inquiring about the possibility of organizing an expir ed medicine (non-controlled pharmaceutical waste) roundup or setting up medical waste kiosks at City Hall. More information will be provided at a later date. CONCLUSION: Staff recommends executing a Household Hazardous Waste Collection Program Siting Liability Agreement between the City and the County of Los Angeles and the County Sanitation District No. 2 of Los Angeles County. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council’s consideration: 1. Take other action, as deemed appropriate. 2 Page 1 of 4 COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM SITING LIABILITY AGREEMENT This Agreement is made and entered into this day of _ , , 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 (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 Even ts such as the Roundup. Whereas, Owner desires to support this worthwhile project by offering use of its property located at ,. for the Roundup. The Roundup is scheduled for .. 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 beginning, Friday, _ at 8 a.m. to prepare for the Roundup and to conduct the Roundup to be held on . The Roundup will be scheduled, advertised, and available to the public between the hours of 9 a.m. and p.m. on although household hazardous and electronic waste may be accepted as early as 8 a.m. and as late as 4 p.m. 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 , by 4 p.m., to package and remove all collected hazardous, Rancho PV City Hall/City Yard, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA Rancho PV City Hall/City Yard, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA May 1, 2021 May 1, 2021 May 1, 2021 May 1, 2021 April 30, 2021 3 City of Rancho Palos Verdes A-1 Page 2 of 4 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 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. Whereas, the County and the District will conduct the Roundup, and all activities involved with the preparation and cleanup, in compliance with all applicable state and local requirements pertaining to COVID-19. G. 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 4 Article 4. ELECTRONIC SIGNATURES: This agreement and any other document necessary for the consummation of the transaction contemplated by this agreement may be executed in counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic records and are executed electronically. An electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimil e or e-mail electronic signatures. All executed counterparts shall constitute one agreement, and each counterpart shall be deemed an original. The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, may be used in connection with the execution of this agreement and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this agreement had been delivered had been signed using a handwritten signature. The parties (i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party will rely on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. If this agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E-SIGN") and California Uniform Electronic Transactions Act UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction. A-3 Page 4 of 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 , and by the COUNTY OF LOS ANGELES on , and by the OWNER on . 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 By APPROVED AS TO FORM: Print Name OWNER COUNSEL) By________________________ Title City of Rancho Palos Verdes A-4