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HomeMy WebLinkAboutAGENDA REPORT 2005 0406 CC REG ITEM 10CITEM 10 • c • CITY OF MOORPARK, CALIFORNIA City Council Meeting of i%6 -a?OD✓5' MOORPARK CITY COUNCIL BY: AGENDA REPORT TO: The Honorable City Council FROM: John Brand, Senior Management Analyst DATE: March 22, 2005 (CC meeting of April 6, 2005) SUBJECT: Consider Agreement Between the City of Moorpark and the City of Camarillo for Regular Monthly Household Hazardous Waste (HHW) Event Participation DISCUSSION The City Council is being asked to approve the renewal of an agreement between the cities of Moorpark and Camarillo to allow Moorpark residents and small businesses to continue to attend the Household Hazardous Waste (HHW) events in Camarillo at MSE Environmental, Inc. (MSE). Under the Agreement, the City of Camarillo is the host agency and it has a contract with MSE for HHW services. Since 2000, the City of Moorpark has had an Agreement with the City of Camarillo to participate in its HHW events. Council is being asked to consider renewing the formal agreement with the City of Camarillo to continue this arrangement. The City reimburses Camarillo for Moorpark residential participation and small businesses pay their own way. The current Agreement expires June 30, 2005, and it is proposed to be extended for five years through June 30, 2010. The City may cancel the Agreement with thirty (30) days notice. There are some changes to the original Agreement. These are shown in Attachment "A" in legislative format, with deleted language in strikethrough and new language underlined. In Article I, the definition of "Household Hazardous Waste" is expanded to include Cathode Ray Tubes (the viewing screens of televisions and computer monitors). The other changes are in Article 3. In Section 2, paragraph "A ", "equally" and "per jurisdiction" are added to ensure 000"(;8 HHW Agreement CC Meeting of April 6, 2005 Page 2 Moorpark has what is sometimes called a most favored nation status, meaning that the City will not pay more than any other participating agency; paragraph "B" in the same section states that the City of Camarillo will give the City of Moorpark forty -five (45) days notice of material program changes with its contractor; and paragraph "D" is added requiring Camarillo to provide a summary record of Moorpark participants when it invoices the City. The base cost per participant is estimated to be $75.00, however it can vary due to the quantity and toxicity of the materials brought to the event. This cost compares favorable with the cost of HHW events at the City of Simi Valley. The City of Camarillo receives a $5.00 administrative fee per participant. The Camarillo HHW event is a two -day event. It is held at the MSE facility at 880 West Verdulera Street in Camarillo on the second Friday (and the Saturday after it) of each month. Moorpark residents may also continue to attend the monthly events in Simi Valley. The City funds this program from its AB 939 fee revenues. RECOMMENDATION Approve the Agreement, subject to final language approval of the City Manager and City Attorney and authorize the Mayor to execute the Agreement. 0003G9 AGREEMENT NO. 2005- AGREEMENT BETWEEN THE CITY OF CAMARILLO AND THE CITY OF MOORPARK REGARDING HOUSEHOLD HAZARDOUS WASTE (HHW) COLLECTION PROGRAM This AGREEMENT is made the day of and is entered into by and between the City of Camarillo and the City of Moorpark. RECITALS WHEREAS, the City of Camarillo and the City of Moorpark have each adopted their respective Household Hazardous Waste Element which identifies the need to investigate regional approaches to managing household hazardous waste; and WHEREAS, the City of Camarillo and the City of Moorpark desire to provide residents and economical, convenient, and dependable method to safely collect, recycle, treat, and dispose of household hazardous wastes; and WHEREAS, the City of Camarillo and the City of Moorpark have determined that it will be to their mutual advantage and to the public's benefit to coordinate implementation of household hazardous waste collection programs; and WHEREAS, the City of Camarillo has established a CONTRACT for the operation of a monthly Household Hazardous Waste collection program; NOW, THEREFORE, the City of Camarillo and the City of Moorpark agree as follows, and enter into this AGREEMENT ( "AGREEMENT" herein) regarding the City of Camarillo Household Hazardous Waste Collection Program (`PROGRAM" herein): ARTICLE 1 DEFINITIONS The following definitions shall apply to this AGREEMENT: ADMINISTRATION FEE shall mean a COST PER VEHICLE fee in the amount of five dollars ($5.00) charged by the City of Camarillo to defray administrative costs incurred by the City of Camarillo related to the provision of the PROGRAM. CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS (CESQG) shall mean businesses, including businesses operated out of a house, which meet the criteria specified in section 261.5 of Title 40 of the Code of Federal Regulations. 0000"170 CESQG WASTE shall mean hazardous wastes (as defined by the Health and Safety Code, Section 25117 of listed in the California Code of Regulations, Title 22, Division 4.5, Chapter 11, or that exhibit characteristics of ignitability, corrosivity, reactivity, or toxicity described therein), which are generated by the CESQG. CESQG WASTE shall NOT include radioactive materials, explosives, or ammunition. CONTRACT shall mean a negotiated agreement between the City of Camarillo and the selected CONTRACTOR to provide one or more of the following services: site setup and breakdown, on -site traffic control, PARTICIPANT greeting, HHW and /or CESQG WASTE receiving, profiling, packaging, labeling, manifesting, transporting, recycling, treatment, storage, disposal, on -site services (including permitting), solid waste disposal, and miscellaneous equipment necessary to safely implement and accomplish all tasks at each scheduled EVENT. CONTRACT COSTS shall mean HHW facility operations, site setup and breakdown, on -site traffic control, PARTICIPANT greeting, HHW and /or CESQG WASTE receiving, profiling, packaging, labeling, manifesting, transporting, recycling, treatment, storage, disposal, on -site services (including permitting), solid waste disposal, and miscellaneous equipment costs or any other costs invoiced by the CONTRACTOR for the PROGRAM. CONTRACT COSTS shall be represented as COST PER VEHICLE. CONTRACTOR shall mean the individual or firm selected to provide any of those services specified in the CONTRACT. COST PER VEHICLE is the cost of services, per PARTICIPANT, provided by the CONTRACTOR during the term of the agreement between the City of Camarillo and CONTRACTOR. EVENT shall mean all activities occurring on the days in which the CONTRACTOR provides CONTRACT services at the designated EVENT site. GOVERNING BODIES shall mean the City Council of the City of Camarillo and the City Council of the City of Moorpark. HOUSEHOLD HAZARDOUS WASTES (HHW) shall mean solid wastes discarded from residences that are either hazardous waste defined by the Health and Safety Code, Section 25117 or wastes that are listed in the California Code of Regulations, Title 22, Division 4.5, Chapter 11, or that exhibit characteristics of ignitability, corrosivity, reactivity, or toxicity described therein. Household hazardous wastes may include, but are not limited to, common household products such as household cleaning products, spot remover, floor polish, furniture polish, aerosol cans, fluorescent light tubes, solvents, oven cleaner, pesticides, pool chemicals, oil based paints, latex paints, used motor oil, antifreeze and -car batteries, and Cathode Ray Tubes. Household hazardous waste does NOT included radioactive materials, explosives /ammunition, or wastes produced in the course of operating a business, including a business operated out of a house. Agreement No. 2005 - Page 2 of 9 0 Go 13711 PARTICIPANTS shall mean all persons who have been confirmed as authorized by virtue of jurisdiction of origin (both with and without appointments) to bring HHW or CESQG WASTE to the EVENT site. PROGRAM shall mean the City of Camarillo Household Hazardous Waste Collection Program, which shall include all activities provided herein to accept, handle, and dispose of HHW or CESQG WASTE generated by PARTICIPANTS. The PROGRAM shall include without limitations all services to accept, reuse, recycle, store and dispose of HHW and CESQG WASTE. QUARTER shall mean the division of the calendar year into four parts consisting of January- March, April -June, July- September, and October - December. RECORD shall consist of an electronic and hardcopy database of addresses of all PARTICIPANTS who bring HHW or CESQG WASTE to a specific EVENT. A RECORD shall be generated for each EVENT. When possible, RECORD shall also include a summary of the quantity and type of materials collected. ARTICLE 2 PURPOSE, TERM, TERMINATION AND AMENDMENTS This program shall provide PARTICIPANTS a location for HHW or CESQG WASTE drop -off at the City of Camarillo's monthly EVENTS, pursuant to the City of Camarillo's CONTRACT. The City of Moorpark may participate in one or more EVENTS per month as agreed upon by both parties. This AGREEMENT shall be effective on the date of its execution hereof by both parties and shall continue in effect through June 30, 200510 on the condition that sufficient funding is available. Either party may terminate this AGREEMENT for any reason upon thirty (30) days written notice to the other party. Any substantive amendment, modification, extension, or variation of the terms of this AGREEMENT shall be in writing and shall be effective only upon written approval by the authorized representatives of the City of Camarillo and the City of Moorpark. ARTICLE 3 PROGRAM ADMINISTRATION AND FUNDING The parties recognize their respective responsibilities and local fee authorities pursuant to Public Resources Code Section 41900 et seq. In order to accomplish the coordinated planning and implementation activities referred to herein, the parties agree to the following funding and administrative requirements of the PROGRAM: 1. Funding Commitment a. Other than CONTRACT COSTS, the City of Camarillo shall bear the costs of its designated responsibilities without reimbursement to or from the City of Moorpark unless otherwise agreed upon in writing. Likewise, the City of Agreement No. 2005 - Page 3 of 9 0 0072 Moorpark shall bear the costs of its designated responsibilities without reimbursement to or from the City of Camarillo unless otherwise agreed upon in writing. b. Either PARTY may delegate all or part of its responsibilities to the other PARTY as long as both PARTIES agree in writing to the terms of such delegation. 2. Allocation of Event Costs a. The City of Camarillo shall use the RECORD to allocate CONTRACT COSTS for a specific QUARTER. CONTRACT COSTS will be represented as the COST PER VEHICLE, determined by dividing the total QUARTER event costs equally by the number of PARTICIPANTS per jurisdiction utilizing the facility during the specific QUARTER. City of Moorpark shall reimburse City of Camarillo the COST PER VEHICLE for the number of City of Moorpark PARTICIPANTS. COST PER VEHICLE shall not exceed $75.00 per vehicle, based upon a $30.00 per vehicle operational charge and a non - specific disposal charge not to exceed $45.00 per vehicle. b. The City of Camarillo will promptly notify the City of Moorpark of material chanqes in the City of Camarillo's agreement with the CONTRACTOR including but not limited to cost changes materials accepted PARTICIPANT rules, scheduling, and personnel changes with the CONTRACTOR of the City of Camarillo. Whenever possible the City of Camarillo will provide the City of Moorpark with at least 45 days advance notice in writing prior to the effective date of any changes in the City of Camarillo's agreement with the CONTRACTOR. b,:-c. City of Moorpark shall submit to City of Camarillo a COST PER VEHICLE ADMINISTRATION FEE of $5.00 per vehicle for Moorpark residents who participant in the program. d. The City of Camarillo shall provide the City of Moorpark with a summary of the RECORD and a copy of the CONTRACTOR invoice at the time of invoicing 3. Payment of CONTRACT COSTS for Each EVENT a. The City of Moorpark shall reimburse the City of Camarillo within thirty (30) days from the receipt of an original invoice (Net 30). b. Invoices shall be sent to: Community Services Senior Management Analyst Agreement No. 2005 - Page 4 of 9 000 3 73 City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021-1155 5. Supplemental Funding Sources. The City of Moorpark reserves the right to seek discretionary and non - discretionary grants to assist in offsetting their respective expenditures for the PROGRAM, as available through the California Integrated Waste Management Board's Household Hazardous Waste Grant Program or any other qualifying program. ARTICLE 4 CITY OF CAMARILLO RESPONSIBILITIES 1. Household Hazardous Waste Contractor. The City of Camarillo shall contract with a qualified CONTRACTOR to provide CONTRACT services to all PARTICIPANTS at its designated EVENT site and shall administer such CONTRACT. 2. Permits and Variances. The City of Camarillo shall obtain the applicable local land use permits required for the EVENT site, shall take appropriate California Environmental Quality Act (CEQA) actions necessary for EVENT site approval, and obtain all other applicable local permits required to implement the program. 3. Fire and Emergency Response. The City of Camarillo shall be responsible for contacting and coordinating with the appropriate agency responsible for fire and hazardous waste emergency response at its EVENT site. 4. Publicity. The City of Camarillo shall provide exemplars of camera -ready copies of publicity and informational materials, which may be duplicated and distributed by the City of Moorpark. 5. Appointment Database. The City of Camarillo shall administer an appointment - based system for each EVENT, which includes the following responsibilities: a. The City of Camarillo shall direct its CONTRACTOR to provide an information phone line, which shall be used to schedule appointments for City of Moorpark PARTICIPANTS. b. The City of Camarillo shall direct its CONTRACTOR to make appointments for City of Moorpark PARTICIPANTS. c. The City of Camarillo shall direct its CONTRACTOR to inform potential City of Moorpark PARTICIPANTS of the following: eligibility requirements, unacceptable wastes, proper packing of HHW and CESQG WASTE, and transportation limits applicable to HHW and CESQG WASTE. Agreement No. 2005 - Page 5 of 9 000374 d. The City of Camarillo shall direct its CONTRACTOR to reproduce, distribute, and mail appointment cards and surveys to all City of Moorpark PARTICIPANTS with appointment at the designated EVENT site. 6. Record. Subsequent to each EVENT, the City of Camarillo shall direct its CONTRACTOR to develop the RECORD for the EVENT using both appointment card information collected at each EVENT and an electronic database of appointments taken by the CONTRACTOR. 7. Appointment Availability. The City of Camarillo and the City of Moorpark shall mutually agree upon the approximate number and distribution of appointments made available to City of Moorpark PARTICIPANTS. 8. EVENT Operations. The City of Camarillo shall monitor CONTRACT services provided at each event. 9. Traffic Control. The City of Camarillo shall be responsible for coordinating and obtaining approval for off -site traffic control, and providing direction signs as deeded outside the EVENT site boundaries. 10. PARTICIPANT Questionnaires. The City of Camarillo may develop and collect PARTICIPANT questionnaires, which may be used by both PARTIES to monitor program effectiveness. 11. Identification of PARTICIPANTS. The City of Camarillo shall direct its CONTRACTOR to maintain a RECORD of the name, address, and jurisdiction of City of Moorpark PARTICIPANTS. The RECORD will be used to allocate CONTRACT COSTS as delineated in Article 3, Section 2, paragraph (a). Upon written request by the City of Moorpark, the City of Camarillo shall allow the City of Moorpark to review all appointment cards collected by the City of Camarillo at any or all scheduled EVENTS. When possible, RECORD shall also include a summary of the quantity and type of materials collected from PARTICIPANTS. 12. PARTICIPANTS Without Appointments. The City of Camarillo reserves the right to reject or accept PARTICIPANTS who do not have appointments for the EVENT. The City of Camarillo shall require all PARTICIPANTS accepted without appointments to demonstrate jurisdiction of their residence. ARTICLE 5 CITY OF MOORPARK RESPONSIBILITIES 1. Household Hazardous Waste Contractor. The City of Moorpark shall accept and cooperate with CONTRACTOR selected by the City of Camarillo to provide CONTRACT services at the EVENT site. Agreement No. 2005 - Page 6 of 9 0 0 0 00.3"47 5 2. Publicity. The City of Moorpark shall be responsible for the cost of reproducing and distributing publicity materials and public information to residents and CESQG of the City of Moorpark. 3. Identification of PARTICIPANTS BY Jurisdiction. The City of Moorpark shall review the RECORD provided by the City of Camarillo at time of invoicing. This RECORD shall be used to allocate CONTRACT COSTS as delineated in Article 3, Section 2, paragraphs (a) and (b). In the event that the City of Moorpark disputes the RECORD, it shall provide a written statement of correction to the City of Camarillo within ten (10) calendar days after City of Moorpark receipt of invoice. The City of Moorpark, may, upon notice to the City of Camarillo, review all pertinent data including but not limited to all appointment cards collected from the EVENT. 4. Event Operations. The City of Moorpark, at its discretion, may periodically observe contract services and provide a summary of its observations to the City of Camarillo. 5. The City of Moorpark has the right to limit the number of its participants and shall be responsible for notifying the City of Camarillo in writing when it wishes to impose said limit. ARTICLE 6 MISCELLANEOUS PROVISIONS Generator Status of Waste. The City of Camarillo shall be deemed to be the legal generator, according to the Federal Resource Conservation and Recovery Act, State Hazardous Waste Control Law, and Title 22 of the California Code of Regulations, of all waste collected at designated EVENT site unless otherwise agreed upon in writing by the PARTIES. The City of Camarillo shall be responsible for acquiring all State permits and variances through local and State agencies including but not limited to the following for all EVENTS: a. Environmental Protection Agency identification number (CAH #) applicable to HHW collection programs for the EVENT site. b. Permit -by -Rule for either a permanent HHW collection facility as required by the Department of Toxic Substances Control (DTSC) and any required variances to the permit. The City of Camarillo may combine HHW from City of Moorpark PARTICIPANTS with HHW accepted from PARTICIPANTS from jurisdictions other than the City of Moorpark. Additionally, the City of Camarillo may combine CESQG WASTE from City of Moorpark PARTICIPANTS with CESQG WASTE accepted from PARTICIPANTS from jurisdictions other than the City of Moorpark. Agreement No. 2005- Page 7 of 9 0 00346 2. Liability. If an incident (which includes bodily injury to any person, damage to any property, contamination or adverse effects on the environment, or any alleged violation of statutes, ordinances, orders, rules or regulations of any governmental entity or agency) should occur, and the resources (including insurance) of the CONTRACTOR and /or the responsible disposal facility operator are insufficient or unavailable to pay the necessary cost of remediation, liability shall be the responsibility of the City of Camarillo. a. Liability arising out of a specific EVENT or during the transport of wastes from a specific EVENT to the destination waste management facility shall be the full responsibility of the City of Camarillo. b. Liability incurred as a result of long -term disposal or storage at a waste management facility shall be the full responsibility of the City of Camarillo. c. Obligations with respect to liability under this section shall continue beyond the termination and expiration of the AGREEMENT. 3. This AGREEMENT shall constitute as an agreement among the PARTIES hereto, but is not intended and shall not be construed by any third person as establishing a standard of care, and shall not create or impose a mandatory duty under Government Code Section 815.6, nor shall this AGREEMENT be construed to constitute a statute, ordinance, or regulation within the meaning of Evidence Code Section 669. 4. Household Hazardous Waste Element. Each PARTY shall be responsible for any liability related to the implementation of its respective Household Hazardous Waste Element and shall not seek reimbursement from any other PARTY for such liability. ARTICLE 7 NOTICES All notices given pursuant to this AGREEMENT shall be made by depositing the same in the U.S. mail, postage prepaid, and addressed as follows, or such other address as the PARTY may designate hereafter: TO CITY OF CAMARILLO: ATTN: Solid Waste Management Assistant City of Camarillo P.O. Box 248 Camarillo, CA 93011 -0248 TO THE CITY OF MOORPARK ATTN: City Manager City of Moorpark Agreement No. 2005- ©� v•7 Page 8 of 9 799 Moorpark Ave. Moorpark, CA 93021-1155 All correspondence shall be deemed delivered three days after postmark. IN WITNESS WHEREOF, City of Camarillo and City of Moorpark have executed this Agreement as follows: ATTEST: CITY CLERK By Deborah A. Harrington, City Clerk, City of Camarillo ATTEST: CITY CLERK By Deborah S. Traffenstedt, City Clerk, City of Moorpark cc: Solid Waste Management Assistant II Agreement No. 2005 - Page 9 of 9 CITY OF CAMARILLO Ghadette Kevin Kildee, Mayor City of Camarillo CITY OF MOORPARK Patrick Hunter, Mayor City of Moorpark ()003 "c 8