HomeMy WebLinkAbout1996-126 - Intergovernmental Agreement with MARC Solid Waste Management DistrictBILL NO. 96-126 BILL NO. 96- ~~~
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE MID-AMERICA REGIONAL COUNCIL
SOLID WASTE MANAGEMENT DISTRICT, TO PROVIDE HOUSEHOLD HAZARDOUS
WASTE MANAGEMENT SERVICES TO THE RESIDENTS OF THE CITY OF
RIVERSIDE.
WHEREAS, the Mid-America Regional Council Solid Waste
Management District has established a regional household hazardous
waste (HHW) collection program to offer cost-effective household
hazardous waste services; and,
WHEREAS, the Mid-America Regional Council Solid Waste
Management District has cooperative agreements with Kansas City,
Missouri, and Lee's Summit, Missouri, to provide household
hazardous waste services; and,
WHEREAS, the Mid-America Regional Council will be the fiscal
administrator for the regional HHW collection program; and,
WHEREAS, the City of Riverside desires to have household
hazardous waste services available to its citizens by January 1,
1997; and,
WHEREAS, the cost to the City of Riverside shall be $.047 per
capita for the first year, with adjustments to be made annually
thereafter; and,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1. That the Mayor is hereby authorized and
directed to execute for and on behalf of the City of Riverside,
Missouri, an Intergovernmental Agreement with the Mid-America
Regional Council Solid Waste District, to provide household
hazardous waste management services to the residents of the City of
Riverside through its contracted service providers, Kansas City,
Missouri, and Lee's Summit, Missouri.
SECTION 2. That the City Clerk is hereby authorized and
directed to issue a check in the amount of One Thousand Five
Hundred Ninety-Three dollars and thirty cents ($1,5093.30) for
calendar year 1997 and in such other amounts for each year
thereafter as long as this Agreement is in effect, provided said
amounts have been agreed to by the Board of Aldermen pursuant to
the terms of the Agreement.
SECTION 3. That the City Administrator shall be authorized
to do all things necessary to implement and maintain the
Intergovernmental Agreement with the Mid-America Regional Council
Solid Waste Management District.
PASSED THIS 19TH DAY OF NOVEMBER, 1996.
yor -Rule
ATTE T:
~J _
Grace Kemerli .City C k
APPROVED THIS /~~ DAY OF NOV E 1996
yor Ed Rule
ATTACHMENT A
Intergovernmental Agreement between the
MARC Solid Waste Management District and the
City of Kansas City, Missouri, relating to
Regional Household Hazardous Waste Program
This Agreement is entered into pursuant to Missouri Revised Statutes Section 70.210 et seq. by and
between the MARC Solid Waste Management District and the City of Kansas City, Missouri.
Whereas, Cass, Clay, Jackson, Platte, and Ray Counties and the City of Kansas City have formed the
MARC Solid Waste Management District (SWMD) pursuant to Sections 260.300 through 260.345 of
the Revised Statues of Missouri (1986 & Cum. Supp. 1990) and the members of the SWMD include
most cities within the member counties; and
Whereas the City of Kansas City, Missouri (Kansas City) operates a permanent Household Hazardous
Waste (HHW) facility located at 4707 Deramus, Kansas City, Missouri, 64120, and will operate
outreach sites for collection of HHW at various locations and on various dates; and
Whereas, the City of Lee's Summit, Missouri will establish and operate a permanent Household
Hazazdous Waste facility to be located at 2101 S.E. Humblen Road, Lee's Summit, Missouri, which is
expected to begin operations in spring of 1997; and
Whereas, Kansas City and Lee's Summit aze willing to make their respective HHW collection facilities
available for use by residents of all cities and counties that are members of the SWMD and that elect to
participate in the regional HHW collection program;
Whereas, one of the purposes of the SWMD is to foster cooperative approaches among local
governments for the management of solid wastes and a regional program for the disposal of HHW is a
cost-effective, cooperative management approach; and
Whereas, the Missouri Department of Natural Resources, Solid Waste Division (MDNR), is providing
grant funds to the SWMD in the amount of $100,000 for collection and disposal of HHW;
Therefore the SWMD and Kansas City agree to establish a regional HHW collection program on the
following mutually agreed upon terms and conditions:
Terms
I Defirsitions
Household Hazardous Waste (HHW) shall mean waste that would be classified as hazardous waste by
40 CFR 261.20 through 261.35 but that is exempt under 40 CFR 261.4 (b) (1) (made applicable in
Missouri by ]0 CSR 25-4.261) because it is generated by households. Examples include paint
products, household cleaners, automotive fluids, pesticides, household batteries, and similaz materials.
A determination of whether any material meets this definition shall be made by Kansas City.
II Effective Dare
This Agreement shall become effective on January 1, 197, and shall continue from year to yeaz unless
terminated pursuant to Section III. This Agreement is ongoing, subject to annual appropriation.
III Termination
A. Notice of Rates. Sixty (60) days prior to the anniversary of the effective date of this Agreement,
Kansas Ciry will notify the SWMD in writing of the rates for use of the HHW facilities for the nett
twelve month period. After receiving notice of the new rates, the SWMD may elect to terminate this
agreement by giving Kansas City written notice of intent to terminate not less than twenty days prior to
the anniversary of the effective date of this Agreement. Such termination shall not relieve either party
from those liabilities or costs already incurred pursuant to this Agreement.
B. Funding sources; Budget; Non-appropriation. This Agreement and all obligations of Kansas City and
the SWMD arising therefrom shall be subject to any limitation imposed by budget law. The parties
represent that they have within their respective budgets sufficient funds to dischazge the obligations and
duties assumed and sufficient funds for the purpose of maintaining this Agreement. This Agreement
shall be deemed to terminate by operation of law on the date of expiration of funding. In the event of
such cancellation, a party shall have no further obligation to any other party other than for payment for
services rendered prior to cancellation.
C. Refund of fees. In the event that this Agreement is terminated by Kansas City prior to the expiration
of the twelve-month period during which HHW collection services aze to be provided to any member of
the SWMD that elects to participate in the HHW collection program (hereafrer referred to as a
"participating member") pursuant to an agreement entered into between the SWMD and the
participating member, a percentage of the fees paid by the participating member corresponding to the
number of months remaining in the twelve-month service period shall be deducted from any amounts to
be paid to Kansas Ciry pursuant to Pazagraph VI(C), Payment for Permanent Facility.
IV HHW Collection Services
A. Permanent HHW Facilities. Kansas City agrees to accept HHW delivered to its permanent
collection facility during normal hours of operation from residents of any participating member. Such
participation shall be in accordance with the terms of an agreement between the participating member
and the SWMD. A copy of the agreement to be entered into between any participating member and the
SWMD is Attachment A. The SWMD will enter into an agreement with any participating member
with terms that aze different from the terms as shown in Attachment A, only if Kansas City has agreed
to the modifications.
B. Outreach Collections. Kansas City agrees to provide for collection of HHW at various locations
within the SWMD. The number and location of outreach collections to be held during the time frame of
this Agreement shall be negotiated by the SWMD and Kansas Ciry, but shall not exceed twenty-four
(24). For any outreach collection that takes place: I) Kansas City shall provide the necessary
equipment, training, and personnel to collect the HHW and remove it from the collection site and shall
have overall control of collection activities at the site; and 2) the SWMD agt~ees that it shall be the
responsibility of the participating member in which the collection site is located to provide the
following:
a. adequate and safe sites with unobstructed public access;
2
b. adequate publicity of the date and location of the mobile collection;
c. a means for the collection, removal and disposal of any wastes that do not meet the
definition of hazardous waste;
d. traffic control; and
e. a means of limiting the vehicles to a number that can be unloaded in a 6-hour period
(estimated at 180 vehicles per outreach collection).
C. Record Keeping. Kansas City agrees to keep records of the use of permanent and outreach
collection facilities for the purpose of allocating between Kansas Ciry and Lee's Summit the amount
paid to the SWMD by the participating members and MDNR grant funds, and in order to provide the
SWMD with information regarding use of the facilities by residents of the members of the SWMD.
Kansas Ciry agrees to submit a report of the following to the SWMD for every calendar quarter within
15 days of the end of the quarter:
1. the total number vehicles using a facility (permanent or outreach) on a monthly basis;
2. the number of vehicles from each participating member using the facility and the number of
vehicles using the facilities from members of the SWMD who are not participating in the regional
HHW program.
3. the days and hours of operation of each facility;
4. a summary of the quantity and types of waste received at each facility; and
5. a summary of the disposition of the waste received, including names and locations of off-
site disposal/treatment facilities used and wastes reused or recycled.
D. Disposal Costs. Kansas City agrees to submit reports of hazardous waste disposal and management
costs to the SWMD on a quarterly basis, including invoices from disposal contractors and records of
personnel expenses, and any other records that may be required as a condition of reimbursement of
those costs from the MDNR grant. The SWMD shall submit the records to MDNR and requisition
funds pursuant to the terms of the MDNR grant.
V HHW Collection Fees Schedule
A. Initial 12-Month Rate. Kansas City agrees to make the HHW collection services described
above available to any participating member for the dollar amount shown for each city and county in
Attachment B. That fee, which is based on a per capita rate applied to 1994 estimated census figures,
may be adjusted if a participating member has more current census data. A member will be eligible to
participate in the regional HHW program at the rates shown for twelve consecutive months by entering
into an agreement with the SWMD to participate for a minimum twelve-month period commencing no
later than March 1, 1997.
B. Payment Schedule. The SWMD agrees that each participating member shall be required to
pay one-half of the rate for that member shown on Attachment B no later than fifteen days after the
effec[ive date of the agreement entered into between the participating member and the SWMD. The
remaining one-half shall be paid by the participating member no later than the 6-month anniversary of
the date of the agreement between the participating member and the SWMD. Payments by the
participating member shall be made to the SWMD.
VI Payment by SWMD
A. Payment to Kansas Ciry and Lee's Summit. The SWMD will administer grant funds
received from the Missouri Department of Natural Resources (MDNR) in the amount of $100,000 for
the regional HHW collection program and will distribute these funds to Kansas Ciry and to Lee's
Summit in accordance with the Financial Assistance Agreement and budget for those grant funds, which
3
aze Attachment C. The SWMD will also collect fees payable by participating members and distribute
these funds to Kansas City and Lee's Summit as provided herein.
B. Payment for Outreach Collections. For each outreach collection Geld outside of the
boundaries of Kansas Ciry, Kansas City shall be paid $4,000, reduced by a percentage that corresponds
to the percentage of vehicles served at the outreach collection that belong to residents of Kansas City
residents. For outreach collections held within the boundaries of Kansas City that are used by residents
of participating members, Kansas City shall be paid a percentage of $4,000 that corresponds to the
percentage of vehicles served at the outreach collection that belong to residents of participating
members. Kansas City shall also be paid $600 per outreach collection to cover the costs of a chemist at
each outreach collection site in order to insure that pollution liability insurance will be available.
Kansas City shall submit an invoice to the SWMD for the appropriate amount following any aoutreach
collection.
C. Payment jor Permanent Facility. For each vehicle of a resident of a participating member
that uses the Kansas Ciry permanent facility, Kansas City shall be paid fifty dollars ($50.00). For each
vehicle of a resident of a participating member that uses the Lee's Summit facility, Lee's Summit shall
be paid fifty dollars ($50.00). Payment shall be made quatterly afer the reports required by Section
IV(C) have been submitted to the SWMD. Amounts paid at the rate of $50.00 per vehicle shall not
exceed the sum of: 1) funds paid to the SWMD by participating members; and 2) amounts available
under the MDNR grant for disposal and management ($58,000); less amounts paid for outreach
collections pursuant to paragraph (VI)(B). Kansas City agrees to continue to provide services to any
participating member that has executed an agreement with the SWMD and paid for twelve-months
service afer the sum of these funds may have been exceeded.
D. Year-End Adjustment. At the end of the period covered by this Agreement, Kansas Ciry
shall submit to the SWMD a computation of actual disposal and waste management costs (including
personnel costs associated with handling of the waste from residents of participating members). If these
costs exceed the combined amount of funds paid by participating members and the portion of the
MDNR grant available for disposal and waste management costs, no additional payment shall be made
to Kansas City. If the costs are less than these combined fund amounts, Kansas Ciry shall use the
excess payment to reduce the costs of the SWMD in the second yeaz of the regional program. If this
Agreement is not renewed, Kansas City will reimburse the SWMD for any excess funds after all
expenses have been fully accounted for. Neither Kansas City or the SWMD will compute actual
disposal and waste management costs attributable to any participating members and no yeaz-end costs
adjustment shall be made between the SWMD and any participating member.
VII Hold Harmless and Indemnification
A. Permanent facility. Kansas City shall, to the extent allowed by law, indemnify, defend, and
hold the SWMD and any participating member harmless from all claims, lawsuits, liabilities, and costs
including reasonable attorney's fees, arising from the operation of the permanent HHW facility. The
obligations of Kansas City under this paragraph shall not extend to any liability caused by the
negligence or intentional actions of the SWMD, or of any participating member.
B. Outreach collection sites. Kansas Ciry shall, to the extent allowed by law, indemnify,
defend, and hold the SWMD and any participating member harmless from all claims, lawsuits,
liabilities, and costs, including reasonable attorney's fees, related to the collection, storage, transport,
or disposal of HHW in connection with an outreach collection event, or from the failure of Kansas Ciry
to comply with all applicable federal, state and local laws related to the operation of the outreach
collection or the transport of any household hazardous wastes. The obligations of Kansas City under
4
this paragraph shall not extend to any liability caused by the negligence or intentional actions of the
SWMD, or of any participating member, or a participating member's employees or contractors. This
indemnity shall not be limited by the limits of any insurance policy held by or for the benefit of Kansas
Ciry or its contractor and shall survive the termination of this agreement and/or any transfer of all or
any portion of the property on which the HHW outreach collection is held. Participating members shall
be required to indemnify and hold harmless Kansas Ciry as specified in the terms of the Agreement to
be entered into by the SWMD and any participating member.
C. Rights of Kansas Ciry. In the event any action or claim subject to indemnification tinder
these indemnity provisions is brought or asserted against the SWMD or a participating member, Kansas
Ciry shall have the right to participate in defense of any claim subject to indemnification under these
indemnity provisions, and to participate in negotiating and finalizing any agreement or settlement with
respect to any claim or cleanup. Kansas City's assumption of indemnification in no way restricts its
right to pursue contributions or recovery from other parties.
VITI Compliance with laws and insurance
A. Laws. Kansas City agrees to comply with all applicable federal, state and local laws in the
operation of their respective HHW facilities, including, if applicable, compliance with the Off-Site Rule
at 40 CFR §300.440, applicable Department of Transportation regulations at 49 CFR Part 107, and any
other applicable state or local laws.
B. Insurance. Kansas Ciry agrees to maintain liability insurance of the type, with the limits,
and for the additional insureds, as reflected in the letter from Philip Environmental dated October
25,1996, which is Attachment D.
XI. Lega! Jurisdiction
Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the
parties.
ATTEST: CITY OF KANSAS CITY, MISSOURI
City Clerk
John Smfflebean, Director Date
Office of Environmental Management
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
MARC SOLID WASTE
MANAGEMENT DISTRICT
Chazles L. Plank, Chairman Date
5
ATTACHMENT B
MARC SOLID WASTE MANAGEMENT DISTRICT
REGIONAL HHW COLLECTION PROGRAM
Examples of Estimated Costs to Local Governments
PER CAPITA HHW
CITY/COUNTY POPULATION' FEE PROGRAM FEE
Cass County UNI 22,833 0.47 $10,731.51
Archie 872 0.47 409.84
Belton 20,691 0.47 9,724.77
Cleveland 584 0.47 274.48
Drexel 1,071 0.47 503.37
Garden City 1,364 0.47 641.08
Harrisonville 8,461 0.47 3,976.67
Lake Winnebago 822 0.47 386.34
Peculiar 1,974 0.47 927.78
Pleasant Hill 4,358 0.47 2,048.26
Raymore 6,156 0.47 2,893.32
Clay County UNI 11,087 0.47 5,210.89
Claycomo 1,779 0.47 836.13
Excelsior Springs 10,985 0.47 5,162.95
Gladstone 27,675 0.47 13,007.25
Glenaire 631 0.47 296.57
Kearney 2,387 0.47 1,121.89
Liberty 21,763 0.47 10,228.61
North Kansas City 4,218 0.47 1,982.46
Pleasant Valley 2,954 0.47 1,388.38
Smithville 2,659 0.47 1,249.73
Jackson County UNI 18,970 0.47 8,915.90
Blue Springs 40,931 0.47 19,237.57
Buckner 2,933 0.47 1,378.51
Grain Valley 2,016 0.47 947.52
Grandview 25,373 0.47 11,925.31
Greenwood 1,493 0.47 701.71
Independence 111,669 0.47 52,484.43
Lake Lotawana 2,090 .0.47 982.30
Oak Grove 4,655 0.47 2,187.85
Raytown 29,939 0.47 14,071.33
Sugar Creek 4,024 0.47 1,891.28
Platte County UNI 19,617 0.47 9,219.99
Edgerton 640 0.47 300.80
Lake Waukomis 1,104 0.47 518.88
Parkville 2,700 0.47 1,269.00
Platte City 3,236 0.47 1,520.92
Riverside 3,390 0.47 1,593.30
Weatherby Lake 1,739 0.47 817.33
Weston 1,669 0.47 784.43
Ray County UNI 10,419 0.47 4,896.93
Hardin 590 0.47 277.30
Lawson 1,686 0.47 886.42
Orrick 938 0.47 440.86
Richmond 5,656 0.47 2,658.32
Based on U.S. Census Bureau 1994 Population Estimates
(Cities/Counties may have more current popul ation figures)
aTT.aCHME.~T C, FaC;E 1
Missouri Department of Natural Resources (REV. 01-96'
Financial Assistance Agreement
Under authorRy of RSMo. and subject to pertinent legislation, regulations and policies applicable to RSMo.
260.330 and RSMo. 260.335
1. Recipient (Name, Address i Telephone No.)
Mr. James H. Norris, Chairman
Mid-America Regional Council SWMD
300 Rivergate Center, 600 Broadway
Kansas City, MO 64105
816-436-2200
S. Reetplent Project 1Aaneger
Sondra Goodman
816-274-1000
2. Project Number 96077
I S. t~udpal Period:
October 1, 1996 through September 30, 1997
4. Project Period:
October 1,1996 thr0u(
E. Type of AtalWnce
New Award ~_
Amendment
xember 30,1997
7. Stan Project Manager i Telephone No. 18. Amendment ID
Bruce Ty1ke (573) 751-5401
9. Project TitN and DeacripUon: MARC SWMD Household Hazardous Waste Program. This HHW program
will provide an outreach collection capability to the entire MARC SWMD by means of a mobile collection
vehicle..
10. Source of Funding/yr.: Sold Waste Management Fund, Cost Center 780-70439
11. Project Funding: unt r n
Initial Award E 100,000 72.40%
Initial Recipient Match 38,126 27:60°i°
Amended Award
Amended Recipient Match
Total Protect Cost $ 138.126 100%
12. Amendment (Describe)
13. The recipient agrees that It will administer this agreement In accordenq with:
a. All applicable state and federal -sgulatfons Including but not limited to _
D. Applicable program guidelines,
c. Recipient application dated April 1, 1996 es negotiated,
d. Scope of work (Attachment i 1 ), Budget (Attachment ar 2 ),
General Terms and Conditions (Attachments 3 ), Invoice (Attachments 4 ),
e. Special Conditions (Attachments S ), Publications (Ariachment s S-2A and S-2B ).
14. The assistance as described Mreln Is hereby offered end accepted effective upon signature of
aulhori:ed officials.
Missouri Department of Natural Resources
~= David A. Shor-
Department Director
~ , ~~ I AUG 2 9 1996
Signature
Oate
James H. Norris
Mid-America Realonal Council SWMD
Chairman
Date
A 1'TA(:;i`1iiVT C , FAGL- '_
ATTACHII~NT 2i BUDGET
A~wsai 7AMn ,
1iLARC SWLrID SHW CpLi.~,CTION tROGAAM
DUDGt'f CATS~O0111Y i1DQ J~ D ~ MA'!'CH
D1~iD 'f'O'['AL
1~tEfl>~ONAL i11>tv1GZt .00
10 h HH1V 7050.00
~~
A T~eliok(at-s ,00
00
I 1 .00
11 .00
Ova ~~~ ~ !7E . 00
1 .00 .
HHW 2 FTE 00 f .00
Daaelib for C
M 00
000 000.00
Has Waac Raw ! .
URMtM
.
0000.00 .00 .00
~
S to DOT ! on 4000.00 1 .00
00
100
DOT Lioeas GvM n.ooa 100.00 .
I
Collaetioo I ~ ~
autrLlES oo
Gai/oil for mob~la unit ~ ~ .
00
Misc. 350.00
TOTAL DUDGET f i OY0.00 S 12.00 f 1ff.00
OO~i
ROENTAGE OF TOTAL 'n'om ~
Intergovernmental Agreement between the
MARC Solid Waste Management District and
the City of Riverside, Missouri relating to the
Regional Household Hazardous Waste Program
This Agreement is entered into pursuant to Missouri Revised Statutes Section 70.210 et seq.
Whereas, Cass, Clay, Jackson, Platte, and Ray Counties and the City of Kansas City have formed
the MARC Solid Waste Management District (SWMD) pursuant to Sections 260.300 through
260.345 of the Revised Statues of Missouri (1986 & Cum. Sapp. 1990) and the members of the
SWMD include most cities within the member counties; and
Whereas the City of Kansas City, Missouri (Kansas City) operates a permanent Household
Hazardous Waste facility located at 4707 Deramus, Kansas City, Missouri, and will operate
outreach sites for collection of Household Hazardous Waste (HHW) at various locations and on
various dates; and
Whereas, the City of Lee's Summit, Missouri will establish and operate a permanent Household
Hazardous Waste Facility to be located at 2101 S.E. Hamblen Road, Lee's Summit, Missouri,
which is expected to begin operations in spring of 1997; and
Whereas, Kansas City and Lee's Summit have made these HHW collection facilities available for
use by members of the SWMD and the SWMD, Kansas City and Lee's Summit have agreed to
create a regional household hazardous waste program for the benefit of all members of the SWMD;
Whereas, the Missouri Department of Natural Resources, Solid Waste Division, is providing grant
funds to the SWMD in the amount of $100,000 for outreach collections of HHW and for disposal
and management of HHW; and
Whereas, the City of Riverside, Missouri (sometimes referred to in this Agreement as the
"Participating Member") intends to participate in the regional HHW program:
Therefore, the SWMD and the Participating Member agree that participation in the regional HHW
program shall be on the following terms and conditions:
I Definitions
Household Hazardous Waste (HHW) shall mean waste that would be classified as hazardous waste
by 40 CFR 261.20 through 261.35 but that is exempt under 40 CFR 261.4 (b) (1) (made applicable
in Missouri by 10 CSR 25-4.261) because it is generated by households. Examples include paint
products, household cleaners, automotive fluids, pesticides, household batteries, and similar
materials. A determination of whether any material meets this definition shall be made by Kansas
City.
Regulated substances shall mean substances defined as "regulated substances, "hazardous waste,"
"hazardous substances," "hazardous materials," "toxic substances" or "pesticides" in the Resource
Conservation and Recovery Act as amended by the Hazardous and Solid Waste Amendment of
1984, the Comprehensive Environmental Response, Compensation and Liability Act, the
Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Federal Insecticide,
Fungicide and Rodenticide Act, the relevant local and state environmental laws, and the
regulations, rules and ordinances adopted and publications, standards and guidelines promulgated
pursuant to the state and federal laws.
II Effective Date
The City of Riverside, Missouri agrees to participate in the regional HHW program fora one
year period beginning on , 1997.
III Termination
This Agreement and all obligations of the Participating Member and the SWMD arising
therefrom shall be subject to any limitation imposed by budget law. The parties represent that
they have within their respective budgets sufficient funds to discharge the obligations and duties
assumed and sufficient funds for the purpose of maintaining this Agreement. This Agreement
shall be deemed to terminate by operation of law on the date of expiration of funding.
IV Duties of Participating Member
A. Fees. The City of Riverside, Missouri agrees to pay the sum of $1,593.30 to participate in
the regional HHW program for a period of twelve consecutive months beginning on the date
stated in Paragraph 11. One-half of this amount shall be paid within 15 days of the execution of
this Agreement and the balance shall be paid on or before the six-month anniversary of the
execution date. The SWMD shall submit an invoice to the Participating Member for payment
of the balance not later than thirty (30) days prior to the due date.
B. Payment. The Participating Member shall be obligated for payment of the amount shown in
Paragraph IV(A) irrespective of the participation of its citizens, or of any actual expenses
incurred by the SWMD, Kansas City, or Lee's Summit attributable to the Participating
Member. Payment by the Participating Member of the agreed upon amount shall not be
contingent upon renewal of this Agreement or renewal of the Agreement between the SWMD
and Kansas City or Lee's Summit.
C. Contact Person. The Participating Member agrees to notify the SWMD and Kansas Ciry, on
or before the date of this Agreement, of the name of an individual who will serve as its contact
person with respect to the regional HHW collection program.
V Services Provided by the SWMD
A. Permanent Collection Facilities. HHW collection services shall be provided by Kansas City
and Lee's Summit pursuant to agreements entered into between the SWMD and Kansas Ciry
and [he SWMD and Lee's Summit. Pursuant to those agreements, residents of the Participating
Member may deliver HHW, by appointment and during normal hours of operation, to the
Kansas City permanent HHW facility and to the Lee's Summit permanent HHW facility, which
is expected to begin operations in Spring 1997. .,
B. Outreach Collections. Pursuant to the agreement between the SWMD and Kansas City,
Kansas City has also agreed to collect HHW at outreach collection sites throughout the SWMD
area. Residents of the Participating Member will be able to deliver HHW to outreach collection
sites, the dates and locations of which will be negotiated by the SWMD and Kansas City. If, at
the request of a Participating Member, an outreach collection is held within its boundaries, the
Participating Member agrees that Kansas City shall have overall control of the collection
activities but the Participating Member shall provide the following:
a. adequate and safe sites with unobstructed public access;
b. adequate publicity of the date and location of the mobile collection;
a means for the collection, removal and disposal of any wastes that do not meet the
definition of hazardous waste;
d. traffic control; and
e. a means of limiting the vehicles to a number that can be unloaded in a 6-hour period
(estimated at 180 vehicles per outreach collection).
VI Reports
The SWMD will provide to the Participating Member quarterly reports on the operations of the
Kansas City and Lee's Summit permanent facilities and on the operations of the outreach
collections, based on information provided to the SWMD by Kansas City and Lee's Summit.
The quarterly reports shall include the following information:
1. the total number vehicles using each facility (permanent or outreach) on a monthly basis;
2. the number of vehicles from each participating member using the facility and the number
of vehicles using the facilities from members of the SWMD who are not participating in the
regional HHW program;
3. the days and hours of operation of each facility;
4. a summary of the quantity and types of waste received at each facility; and
5. a summary of the disposition of the waste received, including names and locations of off-
site disposal/treatment facilities used and wastes reused or recycled.
VII Hold Harmless and Indemnification/Outreach collection sites
A. General indemnification. Each party to this Agreement shall, to the extent allowed by law,
indemnify, defend, and hold harmless the other party, the other party's employees, and Kansas
City and its employees, from all claims, lawsuits, liabilities, and costs, including reasonable
attorney's fees and court costs, arising from its own negligence or intentional acts, or the
negligence or intentional acts of its employees or contractors, in connection with the operation
of any outreach collection with the boundaries of the Participating Member.
B. Environmental indemnification. The Participating Member shall, to the extent allowed by
law, further defend, indemnify, and hold harmless the SWMD and Kansas City and its
employees from and against all claims, lawsuits, liabilities, and costs, including reasonable
attorneys fees and court costs, arising solely out of or related solely to the release, discharge,
spill, transportation, treatment, storage or disposal of any regulated substance or HHW, as
defined herein, that: 1) came to be located on a household hazardous waste outreach collection
site located within the boundaries of the Participating Member prior to the date a HHW
collection event is held at that site; or 2) came to be located on a HHW outreach collection site
within the boundaries of the Participating Member after the close of operations of that
collection event. This environmental indemnity shall not be limited by the limits of any
insurance policy held by or for the benefit of the Participating Member or its contractor and
shall survive the termination of this agreement and/or any transfer of all or any portion of the
property on which the HHW outreach collection is held.
C. Insurance. The SWMD agrees that, pursuant to the terms of its Agreement with Kansas
City, Kansas City shall maintain liability insurance related to the outreach collection sites under
which the Participating Member shall be named as an additional insured.
VIII Legal Jurisdicrion
Nothing in this Agreement shall be construed as either limiting or extending the legal
jurisdiction of the parties.
MARC Solid Waste Management District
Charles L. Plank Date
Chairman
City of ~ rside issouri
y: Date
PHILIP
.~ , ..x..~.~..~.~
~...~.__.,~......._,r~ . .
CHEMICAL GROUP
aT,.acH~;Lti, n
"Recycling Solutions for Every Environment"
Central Region
October 25, 1996
SRC, Inc.
ion Mr,lnerrc Ms. Sondra Goodman
r o e~.r oiar~~s ~ City of Kansas City, Missouri
Kansas Cuc. MO ! Office of Environmental Management
.taro!
324 East 11th Street, 18th Floor
°f~'~P Kansas City, MO 64106
rani a~a-/ iv! cc: Eileen Hiney - MARC Solid Waste Management District
Fa r
rBln' a'a l ~?: Subject: Insurance For Outreach Collections Update
Dear Sondra:
The following is a summary of the insurance coverages Philip Environmental trill be
providing for the Outreach Collection sites when a Philip Chemist is on site to supervise
those collections.
TYPE OF INSURANCE LIMITS
GENERAL LIABILITY GENERAL AGGREGATE $2.000,000
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $1,000,000
OCCUR PERSONAL 8 ADV INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $1,000,000
MED EXP (Any one person) $10,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000
ANY AUTO
HIRED AUTOS
NON-OWNED AUTOS
WORKERS COMPENSATION AND EL EACH ACCIDENT $1,000,000
EMPLOYERS' LIABILITY EL DISEASE -POLICY LIMIT $1,000,000
EL DISEASE - EA EMPLOYEE 51,000.000
CONTRACTOR'S POLLUTION LIABILITY EACH LOSS 52,000,000
TOTAL LOSS $2,000.000
Philip will name the City of Kansas City, MO, the site owner, MARC Solid ~'aste
Management District, and the City where the collection is taking place as additional
insureds, and provide certificates of insurance for each collection. Additional limits and
coverages can also be made available b~ increasing the $600.00 cost for the Chemist plus
the insurance, or possibly' by increasing the number of Philip personnel on site to assist
with the collection.
Should you have any questions about the insurance coverage, or wish to discuss higher
limits or additional coverages, please feel free to give me a call @ 474-1391.
Sincerely,
v ~~`~' ~~
regory K. Hick
Program Coordinator
HHV1' Services