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HomeMy WebLinkAbout1355 MARC Solid Waste Management Household Hazardouse Waste Collection Program Bill No. 2014-088 ORDINANCE NO. 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 2015; 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 2015 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 Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this day of 2014. • �L,t�fiGLJ KathTeen L. Rose, Mayor Roph.hittrell,.Ci Clerk CITY OF RI�� VER_SI_� Upstream from ordinary. MEMORANDUM TO: Mayor and Board of Aldermen FROM: Meredith Hauck, Director of Administration DATE: October 7, 2014 RE: MARC Solid Waste Management District Household Hazardous Waste Program Renewal Background For more than 10 years, the City of Riverside has participated in the Regional Household Hazardous Waste Collection Program. This program provides Riverside residents access to all of the MARC Solid Waste Management District's mobile collection events and to either of the permanent collection facilities located in Lee's Summit and Kansas City. Common materials accepted by the program include paint, automotive fluids, batteries, lawn and garden chemicals, household cleaners, and fluorescent light bulbs. Budget Impact The 2015 participation fee will remain at $1.04 per capital using the 2010 Census Bureau population figures. The 2015 fee for the City of Riverside is $3,054.48. This is a budgeted expenditure. Staff Recommendation Staff recommends approval of this agreement End of Memo 600 Broadway,Suite Kansas City, Missouri 64105-1659 816/474-4240 816/421-7758 FAX MARC www.marc.org MID-AMERICA REGIONAL COUNCIL MARC Solid Waste September 26, 2014 Management District Serving local governments in Cass,Clay,Jackson,Platte and Re: 2015 Regional Household Hazardous Waste Program Ray Counties and working cooperatively with Johnson, Dear Mayor Rose: Leavenworth,Miami and Wyandotte Counties The MARC Solid Waste Management District has helped residents safely dispose of Executive Board millions of pounds of household hazardous waste since the Regional Household Appointed: Hazardous Waste (HHW) Program started in 1997.The true success of this program, Chris Bassen,Chair however, is owed to local government participation and their commitment to provide City of Lee's Summit these services to their residents. Michael Shaw,Vice Chair City of Kansas City Program membership provides access to all of the district's mobile collection events and to either of the permanent facilities located in Lee's Summit and Kansas City. Traey CountLamy tz Common materials accepted b the program include paint and paint-related products, Cass County p y p g p p automotive fluids, batteries, lawn and garden chemicals, housecleaners and fluorescent Donna Koontz Clay County bulbs. Enclosed is a 2014 brochure for reference. Kirk Phillips Jackson County If your community is currently not in the program, please considerjoining this year. Think of it as an investment toward the future.The safe disposal of HHW can avert Daniel Erickson potential problems related to illegal dumping, water quality management,fire hazards, Platte County emergency hospital visits, and hazardous waste cleanup. Bob King Ray County The 2015 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.When Brad Foster a countyjoins, residents of the unincorporated area and all communities under City of Belton population 500 are included under the county membership. Marie Steiner City of Kearney Please return the signed agreement to the MARC office by Friday, December 12, Jim Holley 2014. Community representatives are invited to the mobile planning meeting held in City of Blue Springs February. Don Reimal We look forward to serving your community. Please contact Nadja Karpilow at (816) City of Independence 701-8226 if you have any questions. District staff is available to make a presentation to Kendall Welch your city council or county commissioners if further information is requested. City of Parkville Matt Mallinson Sincerely, City of Sugar Creek Ann Dwyer Sanders c " 6WOCJo� City of Lake Waukomis Ex Officio: Chris Bussen Lisa McDaniel,Planner Chair, MARC Solid Waste Management District 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 MARC Solid Waste Management District Executive Board Members Appointed Positions Elected City Representatives Elected City Representatives (Kansas City/Each County) (Over 10,000 population) (Under 10,000 population) Michael Shaw,City of Kansas City Chris Bassen,City of Lee's Summit Marie Steiner,City of Kearney Tracy Lambertz,Cass County Brad Foster,City of Belton Kendall Welch,City of Parkville Donna Koontz,Clay County Don Related,City of Independence Matt Mallinson,City of Sugar Creek Kirk Phillips,Jackson County Jim Holley,City of Blue Springs Ann Dwyer Sanders,City of Lake Waukomis Daniel Erickson,Platte County Ex Officio: Bob King,Ray County Lisa McDaniel,District Planner Management Council Representatives Les Whiteside,City of Archie Ryan Hunt City of Grain Valley Pat Hawver,City of North Kansas City Ray Portwood,City of Avondale Dennis Randolph,City of Grandview Mark Folks,City of Oak Grove Brad Foster,City of Belton Marvin Megee,City of Greenwood Trish Wartenbee,City of Orrick Jim Holley,City of Blue Springs Bob McCorkendale,City of Hardin Kendall Welch,City of Parkville Jerry Shrout City of Buckner Kevin Wood,City of Harrisonville Carl Brooks,City of Peculiar City of Camden Point(invited) Don Reimal,City of Independence Leonard Hendricks,City of Platte City Tracy Lambertz,Cass County Kirk Phillips,Jackson County Daniel Erickson,Platte County Wayne Tiffany,Cass County Sandy Mayer,Jackson County Greg Sager,Platte County Donna Koontz,Clay County Dennis Murphey,City of Kansas City John Smedley,City of Platte Woods Gene Owen,Clay County Michael Shaw,City of Kansas City Mark Randall,City of Pleasant Hill Jim Stonier,Village of Claycomo Marleen Leonce,City of Kansas City David Slater,City of Pleasant Valley Patricia Masterson,City of Cleveland Vacant City of Kansas City Bob King,Ray County City of Dearborn(invited) Marie Steiner,City of Kearney Mike Twyman,Ray County Terry Mayfield,City of Drexel Howard Chamberlin,City of Lake Lotawana Steve Welch,City of Raymore James Snook,City of Edgerton Rocky Queen,City of Lake Tapawingo David Bower,City of Raytown Chad Birdsong,City of Excelsior Springs Ann Dwyer Sanders,City of Lake Waukomis Ron Brohammer,City of Richmond Village of Ferrelview(invited) Steve Besermin,City of Lake Winnebago Kathy Rose,City of Riverside Jim DeRemer,City of Freeman David Blackburn,City of Lawson Steven Garrett,City of Smithville Randy Jones,City of Garden City Chris Bussen,City of Lee's Summit Stan Salva,City of Sugar Creek Tim Nebergall,City of Gladstone Steve Hansen,City of Liberty Tanya Finn,City of Weatherby Lake Pat Slasher,City of Glenaire Ken Krawchuk,City of Lone Jack Mike Large,City of Weston George Bentley,City of Wood Heights Management Council Representatives- Ex Officio Vacant Johnson County Ken Mack Unified Government Jim Twigg,City of Overland Park Tammy Saldivar,Leavenworth County Vacant City of Lenexa Katie Killen,City of Shawnee 1R McMahon,Miami County Kent Seyfried,City of Olathe Ruth Hopkins,Johnson County, Council of Mayors 2015 Intergovernmental Agreement between the MARC Solid Waste Management District and Riverside, Missouri relating to the Regional Household Hazardous Waste Collection Program This Agmement 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. II Effective Date Riverside, Missouri agrees to participate in the Regional HHW Collection Program for a one-year period beginning on January 1, 2015. 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 to participate in the 2015 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, 2015. 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 100,120, 180, 200, 240 , 300, or 400 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. VI I I Legal Jurisdiction Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the parties. MARC Solid Wast Ma a ement District: Participating Member: -- ����✓>tiX7 L Date: Act 7, �D/-J Date: Chair *'Plmase��Drmt name and title Mid-America Regional Council Solid Waste Management District MARC Solid Waste Management District March 5, 2015 Serving local govermnents in Cass,Clay,Jackson, Platte and Ray Counties and working cooperatively with Johnson,Leavenworth, Miami and Wyandotte Counties Robin Littrell City Clerk Executive Board: City of Riverside Appointed: 2950 NW Vivion Road Chris Bussen,Chair Riverside, MO 64150 City of Lee's Summit Michael Shaw,Vice Chair City of Kansas City,Mo Tracy Lambertz Dear Robin: Cass County Donna Koontz Thank you for rejoining the Regional Household Hazardous Waste Clay County Collection Program. Kirk Phillips Jackson County Daniel Erickson Platte County Gary Wilhite RECEIPT Ray County Elected: Brad Foster Regional Household Hazardous Waste Collection Program City of Belton One Year Dan McGraw January 1, 2015 - December 31, 2015 $3,054.48 PAID City of Independence Matt Wright City of Blue Springs Matt Mallinson City of Sugar Creek Marie Steiner City of Kearney Sincerely, Lauren Palmer / City of Parkville Ann Dwyer Sanders City of Lake Waukomis Ex Officio: Nadja Karpilow Lisa McDaniel,Planner HHW Program Coordinator Secretarylfreasurer recycle more Every little bit counts.