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HomeMy WebLinkAbout2004-022 - Agreement with MARC Solid Waste Management District~+ti ~ BILL NO. 2004-22 ORDINANCE N0.2004-22 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 aregional 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 HEN collection program; and, WHEREAS, the City of Riverside desires to have household hazardous waste services available to its citizens; and, WHEREAS, the cost to the city of Riverside shall be $0.77 per capita for the coming year; and, NOW THEREFORE, BE IT ORDAINED BY TRB 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 Two Hundred ninety dollars and seventy-five cents ($2,290.75) for calendar year 2004 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 2ND DAY OF MARCH 2004. Betty Bur Mayor ATTEST: Louise Rusi City Clerk ms's - (, . 2004 Intergovernmental Agreement between the MARC Solid Waste Management District and the 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 of 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, the City of 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, household batteries, and similar materials. A determination of whether any material meets this definition shall be made by Kansas City. H Effective Date The City of Riverside, Missouri agrees to participate in the Regional HHW Collection Program for aone-year period beginning on January 1, 2004. t .r ,.. i t¶ r 1, r ~ ,T T ~r. 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. IV Duties of Participating Member A. Fees. Riverside, Missouri agrees to pay the sum of $2,290.75 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 $0.77 applied to 2002 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 an invoice to the Participating Member for payment of the balance not later than thirty (30) days prior to the due date. 8. 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. C. Confact 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. .r' ,,~ , 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 Collecfions. 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 100 or 200 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 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. F .r .. , i t ,. >I r r . It ~ .T 7 ~~. VII Hold Harmless and Indemnification/Outreach collection sites A. General indemnification. Each parry 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. VII I Legal Jurisdiction Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the parties. MARC S i a e Mana ement District: - y Sc Cahail Date: Chair Participatina Member: Date: