HomeMy WebLinkAbout2006-155 - Intergovernmental Agreement with MARC Solid Waste Management District~_ .r
BILL NO. 2006-155
ORDINANCE N0.2006-155
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INGERGOVERNMENTAL
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 (H/{W) 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,
and,
WHEREAS, the City of Riverside desires to have household hazardous waste services available to its citizens;
WHEREAS, the cost to the city of Riverside shall be $0.79 per capita for the coming year; 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 Two
Thousand Three Hundred Forty-One Dollars and Fifty-Six cents ($2,341.56) for calendar year 2006 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 21st DAY OF NOVEMBER 2006.
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Mayor Kathleen L. Rose
~ ~ . , • . 2007
Intergovernmental Agreement between the
MARC Solid Waste Management District and
City of 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 locatiohs 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, City of Riverside, Missouri, (sometimes refer-ed 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:
Definitions
Household Hazardous Waste (HHWI 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.
II Effective Date
City of Riverside, Missouri, agrees to participate in the Regional HHW Collection Program for aone-year
period beginning on January 1, 2007.
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 full amount paid by the participating
member, as of the date of termination, 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.
~.. .. ~ T.
~~ IV 'Duties of Participating Member
A. Fees. City of Riverside, Missouri, agrees to pay the sum of $2,341.56 to participate in the Regional
HHW Collection Program for a period of twelve consecutive months beginning on the date stated in
Paragraph II. The program participation fee is based on a per capita rate of $0.79 applied to 2005
population estimates based on 2000 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 30 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 raior to the due datearticipating
Member for payment of the balance not later than thirty (30) days p '
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 Ciry, 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.
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 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 HWW 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:
a. adequate and safe sites with unobstructed public access;
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. six to eight 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;
e. means of limiting the vehicles to a number negotiated by Kansas City and the SWMD (estimated to
be either 60, 100, 120, 200 or 300 vehicles per outreach collection);
f. a forklift and forklift operator available at the close of the event; and
g. 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
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Re Tonal household H ATTACHMENT 1
azardous Waste Collection Pro ram 2007 Costs
Communi
Archie 2005 Po ulation Estimates
$0.79
Avondale 958 $756.82
Belton 529 $417.91
Blue S rin s 24,140 $ 19,070.60
Buckner 53,099 $41,948.21
Camden Point 2,724 $2,151.96
Cla como 547 $432.13
Cleveland 1,280 $1,011.20
Deazborn 674 $532.46
Drexel 530 5418.70
Ed erton 312 $246.48
Excelsior S rin s 546 $431.34
Ferrelview 11,472 59,062.88
Freeman 588 5464.52
Garden Ci 603 $476.37
Gladstone 1,667 $1,316.93
Glenaire 27,306 $21,571.74
Grain Valle 587 $463.73
Grandview 8,644 $6,828.76
Greenwood 24,549 $19,393.71
Hardin 4,512 $3,564.48
Harrisonville 590 $466.10
Keame 9,790 $7,734.10
Lake Lotawana 7,399 $5,845.21
LakeTa awin o 1,921 $1,517.59
Lake Waukomis 809 5639.11
Lake Winneba o 913 $721.27
Lawson 1,065 $841.35
Libe 2,406 $1,900.74
Lone Jack 29,042 522,943.18
North Kansas Ci 697 $550.63
Northmoor 5°388 54,256.52
Oak Grove 407 $321.53
Orrick 6,763 $5,342.77
Pazkville 867 5684.93
Par„.l:e. 5,116 $4,041.64
WOOd3
Lake
Cass Ca
CI_ ay Co
Jackson
S Census Bureau.
i ¶ 1,
0,/4/ 55,330.13
3,445 $2,721.55
15,530 $12,268.70
28,923 $22,849.17
6,075 $4,799.25
2,964 $2,341.56
7,118 $5,623.22
3,598 $2,842.42
1,870 $1,477.30
1,644 $1,298.76
776 $613.04
25,007 $19,755.53
14,803 $11,694.37
21,713 $17,153.27
22,735 $]7,960.65
11,438 S9 nu m
T i
• .., _ 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 quarterly basis;
2. the number of vehicles from each participating member using the facility;
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 Indemnlflcatlon/Outr+each collection sites
A. General indemnifrcation. 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 shalt, to the extent allowed by law, further
defend, indemnify, and hold harmless the SWMD and Kansas City and its employees from and against
all Gaims, 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 Jurisdiction
Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the
parties.
MARC Solid Waste Management District:
Stan Saly Date:
Chair
Participating Member:
y`~irf,1 or a~.l~~.~u J.2.~ ~~~o~f/D,~
Tl. Date:
~~~/.~,~ ~ s~ ate.
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