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HomeMy WebLinkAbout1267 MARC Household Hazardous Waste Program Bill No. 2013 -092 ORDINANCE NO. /cko 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 Regional 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 Council 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 2014; 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: SECTION 1 — AGREEMENT APPROVED. that the City of Riverside shall participate in the Mid - America Regional Council Solid Waste Management District 2014 Regional Household Hazardous Waste Collection Program; SECTION 2 — AUTHORITY GRANTED. The Mayor 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 "; BE IT REMEMBERED that the above was read two times by heading only, passed and approved by a majority of the Bo rd of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this /R day of a� fi 1 . Ka h n L. Rose, Mayor AttE • eY / , i . Robin Littrell, Ci , Clerk 2014 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 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 facility located at 4707 Deramus, Kansas City, Missouri, and operates 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 operates a permanent Household Hazardous Waste Facility located at 2101 S.E. Hamblen 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 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; and Whereas Riverside , Missouri (sometimes referred to in this Agreement 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 cleaners, automotive fluids, pesticides, batteries, and similar materials. A determination of whether any material meets this definition shall be made by Kansas City. I I Effective Date Riverside, Missouri agrees to participate in the Regional HHW Collection Program for a one -year period beginning on January 1, 2014. 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 Agreement shall be deemed to terminate by operation of law on the date of expiration of funding. B. Termination of regional program. If the regional household hazardous waste program is terminated prior to the expiration of this Agreement, the SWMD shall refund the amount paid by the participating member, less the cost of services provided prior to termination of the regional program. 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 member. C. Each participating member will be required to notify 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 or the final decision is made to not rejoin the program for the upcoming year, the participating member is responsible for any costs incurred by Kansas City and /or Lee's Summit to serve residents 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 notification. IV Duties of Participating Member A. Fees.Riverside, Missouri agrees to pay the sum of $3,054.48 participate in the 2014 Regional HHW Collection Program for the period from January 1 to December 31. The program participation fee is based on a per capita 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. 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, 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 included in the printed promotional material, agreements will be due no later than February 1, 2013. 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 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 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 City 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 shall 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; • volunteers 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 forklift 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 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: • 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 year the district will provide brochures which include facility hours of operation, mobile event schedule, and contact information 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 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 Sol' Was e Management District: Parti loafing Member: 4 3 Date: f I /I8D GL /l i�2 Datat e: l 1 6 Lf.424Ar-- Chair ltAiilIecYt. L. 0, r�lq�e�R > Please print name and4itle Kan asp City, Missouri Suite 200 i 64105-1659 Kansas City, Miouri 816/474 -4240 MARC 816/421 -7758 FAX www.marc.org November 6, 2013 MID - AMERICA REGIONAL COUNCIL MARC Solid Waste Re: 2014 Regional Household Hazardous Waste Program Management District Serving local governments in Dear Mayor Rose: Cass, Clay, Jackson, Platte and Ray Counties and working The MARC Solid Waste Management District is proud of its Regional Household cooperatively with Johnson, Hazardous Waste (HHW) Program. Since 1997, the program has helped residents Leavenworth, Miami and safely dispose over 6 million pounds of household hazardous waste. But the true Wyandotte Counties success of this program is because of local government participation and their Executive Board commitment to provide these services to their residents. Appointed: Chris Bussen, Chair Joining the program provides your residents access to any of the districts mobile City of Lee's Summit collection events and to either of the two permanent facilities. About ten mobile events Michael Shaw, Vice Chair are held each year and facilities are located in Lee's Summit and Kansas City. Enclosed is City of Kansas City a 2013 brochure for your information. Traey Lambertz Common HHW materials include paint and paint - related products, automotive fluids, Cass County batteries, lawn and garden chemicals, housecleaners and fluorescent bulbs. Donna Koontz Clay County If your community is currently not in the program, please consider joining this year. Kirk Phillips Program membership is an investment toward the future. The safe disposal of HHW can Jackson County avert potential problems related to illegal dumping, water quality management, fire Daniel Erickson hazards, emergency hospital visits, and hazardous waste cleanup. What do you suppose Platte County residents are doing with their hazardous materials now? Bob King Ray County The 2014 participation fee will remain at $1.04 per capita using 2010 Census Bureau Elected: population figures. A community cost list is attached to the agreement enclosed. Please Brad Foster note that when a county joins, residents of the unincorporated area and all City ofBelton communities under population 500 are included in the county membership. Pat Hawver Please return the signed agreement to the MARC office by Friday, December 13, City of North Kansas City 2013. We anticipate meeting in February to plan for the mobile events. Steven Hansen City of Liberty We look forward to serving your community. Please contact Nadja Karpilow at (816) Don Reimal 701 -8226 if you have any questions. In addition, district staff would be happy to City of Independence provide a presentation to your city council or county commissioners. Kathy Rose City of Riverside Sincerely, Vacant /J /L�P I( City of Sugar Creek / i ,/� u41.4 Q -- Ann Dwyer Sanders l�// City of Lake Waukomis Chris Bussen Ex Officio: Chair, MARC Solid Waste Management District Lisa McDaniel, Planner Secretary/Treasurer Chair 1st Vice Chair 2nd Vice Chair Treasurer Secretary Executive Director Marge Vogt Jan Marcason Ed Peterson David Bower Curt Skoog David A. Warm Councilmember Councilmember Commissioner Mayor Councilmember Olathe, Kan. Kansas City, Mo. Johnson County, Kan. Raytown, Mo. Overland Park, Kan. PRINTED ON 30% POST-CONSUMER RECYCLED PAPER Attachment 1 2010 Census Cost at $1.04 per Community Population capita Archie 1,170 $ 1,216.80 Belton 23,116 $ 24,040.64 Blue Springs 52,575 $ 54,678.00_ Buckner 3,076 $ 3,199.04 Claycomo Village 1,430 $ 1,487.20 Cleveland 661 $ 687.44 Dearbom 504 $ 524.16 Drexel 965 $ 1,003.60 Edgerton 546 $ 567.84 Excelsior Springs 11,084 $ 11,527.36 Garden City 1,642 $ 1,707.68 Gladstone 25,410 $ 26,426.40 Glenaire 545 $ 566.80 Grain Valley 12,854 $ 13,368.16 Grandview 24,475 $ 25,454.00 Greenwood 5,221 $ 5,429.84 Hardin 569 $ 591.76 Harrisonville 10,019 $ 10,419.76 Kearney 8,381 $ 8,716.24 Lake Lotawana 1,939 $ 2,016.56 Lake Tapawingo 730 $ 759.20 Lake Winnebago 1,131 $ 1,176.24 Lake Waukomis 870 $ 904.80 Lawson 2,473 $ 2,571.92 Liberty 29,149 $ 30,314.96 Loch Lloyd 600 $ 624.00 Lone Jack 1,050 $ 1,092.00 North Kansas City 4,208 $ 4,376.32 Oak Grove 7,795 $ 8,106.80 Orrick 837 $ 870.48 Parkville 5,554 $ 5,776.16 Peculiar 4,608 $ 4,792.32 Platte City 4,691 $ 4,878.64 Pleasant Hill 8,113 $ 8,437.52 Pleasant Valley 2,961 $ 3,079.44 Raymore 19,206 $ 19,974.24 Raytown 29,526 $ 30,707.04 Richmond 5,797 $ 6,028.88 Riverside 2,937 $ 3,054.48 Smithville 8,425 $ 8,762.00 Sugar Creek 3,345 $ 3,478.80 Weatherby Lake 1,723 $ 1,791.92 Weston 1,641 $ 1,706.64 Wood Heights 717 $ 745.68 Unincorporated Cass County 24,484 $ 25,463.36 Unincorporated Clay County 14,442 $ 15,019.68 Unincorporated Jackson Co. 22,350 $ 23,244.00 Unincorporated Platte County 24,692 $ 25,679.68 Unincorporated Ray County 11,436 $ 11,893.44 Change in Population by City by County, 2000 to 2010 Census 2000 Redistricting Data (P.L. 94 -171) Summary File (Boundaries adjusted to 2010 boundaries) http: / /ma rc.org/census- data.htm