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Home My WebLink About1097 MARC Solid Waste Management District Agreement BILL NO. 2012-00�/ ORDINANCE NO. ��'7 AN ORDINANCE AUTHORIZING AND APPROVING PARTICIPATION IN THE MID-AMERICA REGIONAL COUNCIL SOLID WASTE MANAGEMENT DISTRICT REGIONAL HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM WHEREAS, the Mid-America Regional Council Solid Waste Management District has established a regional household hazardous waste collection program to offer cost-effective household hazardous waste services; WHEREAS, the Mid-America Regionai Council Solid Waste Management District has cooperative agreements with Kansas City, Missouri, and Lee's Summit, Missouri, to provide household hazardous waste services; WHEREAS, the Mid-America Regional Councii will be the fiscal administrator for the regional HHW collection program; and WHEREAS, the City of Riverside desires to offer household hazardous waste services available to its residents; and WHEREAS, the cost to the City of Riverside will be $1.04 per capita for the year 2012; and WHEREAS, residents can safely dispose unwanted household hazardous material at two permanent facilities, located in Kansas City and Lee's Summit, and regional mobile collection events at no charge; WHEREAS, the Board of Aldermen find it is in the best interest of the citizens of Riverside, Missouri to enter into an agreement with the Mid-America Regional Council Solid Waste Management District and provide such services; NOW, THEREFORE, BE IT ORDAINED, BY THE BOARD OF ALDERMEN OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT that the City of Riverside shall participate in the Mid-America Regional Council Solid Waste Management District 2012 Regional Household Hazardous Waste Collection Program; FURTHER THAT the City Administrator is hereby authorized to enter into an agreement with the Mid- America Regional Council Solid Waste Management District in substantially the same form as attached here to in Exhibit "A"; PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the.,�'Z day of c a , 2012. � , J � • /1 /1.�� /� � r�Ni/� �� 1_� _ Ka hleen L. Rose, Mayor ,A7T - . . i ,. � Robin"Littrell, City Clerk � Appro to Form: �__� L� anp on son, City Attomey � 2012 Intergovernmental Agreement between the MARC Solid Waste Management District and Riverside, Missouri relating to the Regional Household Hazardous Waste Collection 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 Kensas City have formed the MARC Solid Waste Management District (SWMD) pursuant to Sectibns 260.300 through 260.345 of the Revised Statues of Missouri (1986 8 Cum. Supp. 1990) and the meinbers 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 at 4707 Deramus, Kansas City, Missouri, and operates outreach sites for collection of Household Hazardous Waste (HHV1� at various locations and on various dates; and Whereas, the City of Lee's Summit, Missouri operates a permanent Household Hazardous Waste Facility located at 2101 S.E. Hambien Road, Lee's Summit; and Whereas, Kansas City and Lee's Summit have made these HHW collection facilities available for use by members of the SWMD and tfie SWMD, Kansas City and Lee's Summit have agreed to create a regional household hazardous waste program for the benefd of all members of the SWMD; and Whereas, Riverside, Missouri (sometimes referred to in this /�qreement as the "Participating Member") intends to participate in the Regional HHW Collection Program; Therefore, the SWMD and the Participating Member agree that participation in the Regional HHW Collection 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 cieaners, automotive fluids, pesticides, batteries, and similar materials. A determination of whether any material meets this definition shall be made by Kansas City. II Effective Date Riverside, Missouri agrees to participate in the Regional HHW Collection Program for a one-year period beginning on January 1, 2012. III Termination • A. Budget Limitations. 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 P�qreement shall be deemed to terminate by operation of law on the date of expiration of funding. 8. Termination of regional program. If the regional household hazardous waste program is terminated prior to the expiration of this P�greement, the SWMD shall refund the amount paid by the participating member, Iess the cost of sewices provided prior to termination of the regional progrem. The cost of services shall be assessed at seventy-five dollars ($75.00) for each vehicle belonging to a resident of the participating member that has been served prior to the termination of the program, not to exceed the amount paid by the participating membec C.Each participating member will be required to nofrfy the SWMD, Kansas City and Lee's Summit in writing of its intention to renew the annual agreement for the following year no later than December 15. In the event that notification is not provided in advance orthe final decision is made to not rejoin the program for the upcoming year, the participating membec is responsible for any costs incurred by Kansas City and/or Lee's Summit to serve residerrts after December 31. Kansas City and SWMD reserve the right to invoice the member city or county for any waste disposal costs incurred as a result of late not�cation. IV Duties of Participating Member A. Fees. Riverside, Missouri agrees to pay the sum of $3,054.48 to participate in the 2012 Regional HHW Coliection Program for the period from January 1 to December 31. The program participation fee is based on a per capfta rate of $1.04 applied to 2010 census figures as shown in Attachment One. The fee may be adjusted if a participating member has more current census data. At least . one-half of this amount shall be paid within thirty (30) days upon receiving the district invoice Payment of any remaining balance shall be paid within the following six months. 8. Payment. The Participating Member shall be obligated for payment of the amount shown in Paragraph IV(A) ircespective 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, except in the event of termination of the regional program, as reflected in III(B) above. 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. Annual RenewaL The agreement between the SWMD and the Participating Member will be subject to renewal each year. To assure community information is inciuded in the printed promotional material, agreements will be due no later than March 1. No pro ration of fees is applicable under this agreement. C. Contact Person. The Participating Member agrees to notify the SWMD and Kansas City, on or , before the date of this Agreement, of the name of an individual who will serve as its contact person with respecf 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 City, and the SWMD and Lee's Summit. Pursuant to those agreements, residents of the Participating Member may deliver HHW, by appointment, if required, and during normal hours of operation, to the Kansas City permanent HHW facility and to the Lee's Summit permanent HHW facility. B. Outreach Collections. Pursuant to the agreement between the SWMD and Kansas City, Kansas Cfty has also agreed to provide contractor services for the collection of 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 or the contractor shali have overall control of the collection activities but the Participating Member shall provide the following: ■ adequate and safe sites with unobstructed public access; • access to restroom facilities and drinking water • 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; • voluriteers or workers to conduct traffic control, survey participating residents, stack latex paint and automotive batteries, and assist with non-hazardous waste removal and bulking of motor oil; • means of limiting the vehicles to a number negotiated by Kansas City and the SWMD . (estimated to be either 60, 100, 120, 180, 200, 240 or 300 vehicles per outreach collection); • a forklift and forkl'rft operator available at the opening and closing of the event; and ■ access to residents of any city or county that is also a participating member. VI Reports The SWMD will provide to the Participating Member quarterly reports on the operations of the Kansas City and Lee's $ummit 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 folloyving information: • Total number vehicles using each facility (permanent or mobile) on a quarterly basis; • Number of vehicles from each participating member using the facility; • An end-of-the-year summary report including waste composition and disposition. • Each program yeer the district will provide brochures which include facility hours of operation, mobile event scMedule, and contact information VII Hold Harmless and Indemnification/Outreach collection sifes 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, induding reasonable attomey'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 indemn�cation. 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 attomeys 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 evgnt is heid 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 shail 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 community where the site is located shall be named as an additional insured. VIII Legal Jurisdiction Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the parties. MARC Solid Waste Manaaement District: Particiqatin mber: , �� 1 Q S 1.� Date: 2('�3I u �� Date: / Michael Shaw, Chair �,a �� n�� rr� tr.�.� ��,y,,,�,��, Please print nam and�/ � Attachment 1 . �� J�� r xw '""`.�,u� u,�', ,.+ 2010 2b12 Per Caplta Fee °�� , Cehsus Data " - $1.04 ��t�� ..' . fVChie 1,170 5 i,z16.8o � Belton - � 23,116 $ 24,040.64 � Blue Springs 52,95 $ 5a,67E.W � Buckne� � 3,076 5 3.199.04 . Claycomo Vllage � 1,a3o 5 1,a87.zo � . - Cleveland � 551 $ 687•44 . Drexel 965 S 1,003.60 Edgerton - Sa6 5 567.84 � - Excelsior Springs 11,084 $ 11,527.36 � . � Garden City 1,642 5 1,707.68 � - Gladstone � 25,410 S 26,ax6.40 . �. � Glenaire 545 $ 566.80 Grein Velley 12,854 $ 13,368.16 Gfendview - -�- --- 2a,475 S. 25,a54.00 Greenwood 5,221 $ 5,'129.84 Hardin 569 S � 591J6 HartiSOnville 10,019 $ 10,419.76 � ' Keamey 8,381 5 8,716.24 � Lake LOtawana 1,939 $ 2,016.56 � LakB Tapawingo � - 730 S 759.20 Lake Winnebago � 1,131 $ 1,176.24 Lake Waukomis 8�0 5 904 •� Lawson � 2,473 -$ . � 2,571.92 Liberty 29.149 5 30.314.96 � . � Loch Lloyd 500 $ � 6z4•00 . . Lone Jack 1,05o S � 1,092.00 North Kansas Cily � � 4,208 $ 4,376.32 � � Oak Grove 7,795 $ 8,106.80 � Offld( ' � 837 $ 870.48 . Parkville 5,554 $ 5,776.16 PeCUllOf 4,608 $ 4.792.32 � . PIeHe Clty 4,691 $ . 4,878.64 Pleasant Hill 8,113 5 8,437.52 Pleasant Valley 2,961 $ 3,079.44 Reyfi102 19,206 $ 19,974.24 Reytown 29,526 $ 30,707.04 RIGhfllond 5.797 $ 6,028.88� Riverside 2,937 $ 3,054.48 . Stilithville 8,425 $ $,76Z.00 Sugar Creek � 3,345 $ 3,478.80 Weethefby Leke 1,723 $ 1,791.92 � Weston 1,641 $ 1,706.64 � . . .. . wood Hei� . _ _ . n7 S 7as.ss .. . . . ---- . . _ . . .. . Unincorporeted Cass County ia,aaa 5 z5,a53.36 �- Unincorpnrated Clay County 1a,4a2 $ 15,019.66 Unincorporated Jackson Co. zz,350 5. z3.2'i4•00 UninCOfpotated Plalte_County 24,692 5 25,679.68 Unincorparated Ray County ii,a36 5 ii,s93.aa Change in Population by City by County, 2000 to 2010 Census 7A00 RedisMcling Data (P.L. 94-171) Summsry File (Boundaries adjusteA to 2010 boundaries) 6 ://marc.o census-data.htm 600 Brond+a%ay. Suite 200 Kansas City, VTiSSOUri 64105-1659 ti16r474-4240 R I G/42 I-7758 FAJi www.marc.or Mid-America Re ional Gouneil ;1'tARC Solid �Vaste � Management llistrict Servin� luc.tl !�nvernnvents in C�ss. Clay. Jackson. DeCember 19, �'O l I Platta end Ray Counlics and workin� cooperativcly with Johnson, Leavenworth. Mi.�mi and ��,'vui3du(t� l'nuntirs Robin Litlrell Executive Board: Citv Clerk 1��ai,�c�: C'itv of Ri��ci�tii�ic Mich�el Sh�w, Chair ?950 NW Viviui� kuad Citv of Kansas Cin� Rivcrsidc, f�'10 641 i0 Chris Bussen, Vicc Chair f'iiv of 1,�e's Summit 7'raey Lambcr�i CassCountv I)car Ruliin: Dm�na Koontr 1'hank you tur rejuining ihe Rc�?ional I lousehold I I�v.tirdous Waste C'fny Counn� Collection Pro�rani. Enclo�ed is si�ned agreen�cnt for your records. Kirl: Phillipa I;�ckson Cuimt�� Dunicl tirickson I'latte ('ounn� s°b k�°K I2ECEIP.I. iz<< c��,�,�, �i«<<a Brad Fuyter Rcgion,,�l . I l��u�chplii 1 I�iar�lous W�iste Colleclion Pro��ram (�it�� oft3elion Onc Ye.ir Don Relm.�i January l, 2013 - Dcceuiber 31, 2012 $3,OS-1.48 I'nfD C'iry of(ndeprndcnce Stcve Hr�nsen Cily of l,ibrrt�� Stan Salva, Chair City of Sugar Crcek Pat Hawver City of Nortlt Kxns�+s Cit�� Sincercly, ►:�ci,y x<�se . � Ciry of Rivcrsidu � ,-, t - � �y—� �- (� Gl — Ann I)wycr Sanders 1 � City of Lake 14��ukomis Nad�a Kar}�Ilow F,� ot7iciu: HI1W Pro�ram Coordinator Lisn Dan6ury, Planncr Sccrctnn �' I'rrasw'rr Chair I al Vice l hair 3nd A� i�'r ('hnir ire,!vurer Scereiarr F cccali��c I)irertor lim Schulv Murge Vogi Jan Marcnsnn Ld Peterson Kathy Dus�nber�- D,i� i�l A. U'enn 1��.�uncilmember Councilmember Councilmernber Commissionzr ('ommisaionrr Indr�xndence. Mu. (llathe. Kmi. Kansas City, Mo. Johnson County, Kan. 19�ne C Mu. PRI�A (Pi) rIR ��i^'„ P(�.l ( n:`.51 M111-1; G[ l} I'1PI-ii