AGENDA REPORT
Meeting Date: July 18, 2023
Item Number:
To: Honorable Mayor & City Council
From: Tania Schwartz, Sr. Management Analyst
Subject: AN AGREEMENT BY AND BETWEEN THE CITY OF BEVERLY
HILLS AND THE COUNTY OF LOS ANGELES AND
SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
Attachments: 1. Agreement
2. Flyer
RECOMMENDATION
Staff recommends City Council approve an agreement with the County of Los Angeles and Sanitation District No. 2 of Los Angeles County to hold a Countywide Household Hazardous Waste (HHW) and Electronic Waste (E-waste) Event scheduled for Saturday, September 30, 2023.
INTRODUCTION
The City and County of Los Angeles (County) have worked in partnership for over two decades to encourage and educate patrons on the proper disposal of household hazardous waste and Ewaste. The annual agreement with the County details sponsorship of the one-day event in Beverly Hills for the proper disposal of hazardous waste (motor oil, paint thinners, anti-freeze, varnish, pesticides, batteries and other household hazardous products) and E-Waste (computer monitors, televisions, computer CPUs, keyboards, printers and cell phones). This year’s HHW event in Beverly Hills will take place on Saturday, September 30, 2023, from 9:00 a.m. to 3:00 p.m.
DISCUSSION
The County conducts approximately 57 events throughout the County region serving over 62,000 customers on an annual basis. Each event is open to all County residents. Since the program’s inception, each municipality that participates in the program has allowed the County to use its property for the HHW event. Similar to the last few years, the designated location will be on W.
BEVERLY
HILLS
i
BEVERLY
HILLS
i
3 rd Street between Civic Center Drive and Foothill Road for ingress and egress of vehicles for waste collection drop off.
As the sponsor of the event and pursuant to the attached Agreement, the County has agreed to provide proof of self-insurance, and to release, indemnify, defend and hold harmless the City from liability and expense arising from the use of City property for the HHW event, except to the extent caused by a negligent act or omission by the City.
City staff will coordinate with County staff to ensure minimal impact to surrounding areas and the community. There will be County traffic workers stationed throughout the site to help mitigate traffic, as well as Public Works staff providing direction. Attendees will be asked to stay in their car with the windows up, if possible. The parking structure on 9333 W. 3rd Street will be open and vehicles exiting the structure will be permitted to travel eastbound on W. 3rd Street. In a coordinated effort with Community Development, tour buses will be relocated and re-routed for the day.
Community Engagement
The County’s marketing efforts typically include local advertisements, web postings and informational flyers. The City plans to add to the County’s outreach efforts by mailing postcards to the community to increase exposure. Additionally, City staff will promote this event in various mailings and outreach materials including the Public Works Department’s newsletter, The Backbone, as well as the City’s social media platforms. Staff will also promote the HHW event at the City’s Farmers’ Market.
FISCAL IMPACT
This event is funded by the Los Angeles County Sanitation Bureau. The City’s postcard mailer and additional outreach material will cost between $12,000 to $13,000; this cost will be borne by the City and is covered by the Public Works Solid Waste Enterprise Fund.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM SITING LIABILITY AGREEMENT
This Agreement is made and entered into this
_____day
of
__________, ______ by and between the COUNTY OF LOS ANGELES, (hereinafter referred to as “County”), County Sanitation District No. 2 of Los Angeles County (hereinafter referred to as “District”), and CityofBeverlyHilLs (hereinafter referred to as“Owner”).
Whereas, the County and District have agreed to co-sponsor a Household Hazardous and Electronic Waste Collection Event (“Roundup”) to provide Los Angeles County residents an environmentally safe means and place to dispose of household hazardous waste.
Whereas, the County and the District have entered into that certain Household Hazardous Waste Collection Agreement dated February 1 , 1 992 (the “County-District Agreement”), which sets forth the obligations of the County and the District in connectionwith Household Hazardous Waste Collection Events such as the Roundup.
Whereas, Owner desires to support this worthwhile project by offering use of its property located at Beverly Hills City Streets, West 3rd Street (between Foothill Rd. and Civic Center Dr.) Beverly Hills forthe Roundup. The Roundup is scheduled for September3O,2023 NOW, THEREFORE, County, District, and Owner agree as follows:
Article 1. DEFINITIONS
Household hazardous waste includes, but is not limited to, pesticides, cleaning solvents, automotive fluids, waste oil, paint and related products, hobby and art chemicals, batteries, and similar items. Electronic waste includes, but is not limited tocomputers, printers, cables, televisions, VCRs, stereos, and similar items.
Article 2. USE OF PROPERTY
Owner agrees to permit County, District and their agents, employees and waste collection contractors to use Owner’s property located at Beverly Hills City Streets, West 3rd Street (between Foothill Rd. and Civic Center Dr.) Beverly Hills beginning, Friday, September29,2023 at 8 a.m. to prepare for the Roundup and to conduct the Roundup to be held on september3O,2023 . The Roundup will be scheduled, advertised, and available to the public between the hours of 9 a.m. and 3 ____p.m.
on
September30, 2023 although household hazardous and electronic waste may be accepted as early as 8 a.m. and as late as 4 p.m.
Owner agrees to permit the County and District to use the area where the Roundup is held for a reasonable time, not to exceed 24 hours following termination of the Roundup on September3O,2023 , by 4 p.m., to package and remove all collected hazardous,
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM SITING LIABILITY AGREEMENT
This Agreement is made and entered into this __ day of , , by and between the COUNTY OF LOS ANGELES, (hereinafter referred to as "County"), County Sanitation District No. 2 of Los Angeles County (hereinafter referred to as "District"), and City of Beverly Hills (hereinafter referred to as "Owner"). Whereas, the County and District have agreed to co-sponsor a Household Hazardous and Electronic Waste Collection Event ("Roundup") to provide Los Angeles County residents an environmentally safe means and place to dispose of household hazardous waste. Whereas, the County and the District have entered into that certain Household Hazardous Waste Collection Agreement dated February 1, 1992 (the "County-District Agreement"), which sets forth the obligations of the County and the District in connection with Household Hazardous Waste Collection Events such as the Roundup. Whereas, Owner desires to support this worthwhile project by offering use of its property located at Beverly Hills City Streets, West 3rd Street (between Foothill Rd. and Civic Center Dr.) Beverly Hills for the Roundup. The Roundup is scheduled for September 30, 2023 NOW, THEREFORE, County, District, and Owner agree as follows:
Article 1. DEFINITIONS
Household hazardous waste includes, but is not limited to, pesticides, cleaning solvents, automotive fluids, waste oil, paint and related products, hobby and art chemicals, batteries, and similar items. Electronic waste includes, but is not limited to computers, printers, cables, televisions, VCRs, stereos, and similar items. Article 2. USE OF PROPERTY Owner agrees to permit County, District and their agents, employees and waste collection contractors to use Owner's property located at Beverly Hills City Streets, West 3rd Street (between Foothill Rd. and Civic Center Dr.) Beverly Hills beginning, Friday, September 29, 2023 at 8 a.m. to prepare for the Roundup and to conduct the Roundup to be held on sestembe 30, 2023 The Roundup will be scheduled, advertised, and available to the public between the hours of 9 a.m. and 3 __ p.m. on September 30,2o23 although household hazardous and electronic waste may be accepted as early as 8 a.m. and as late as 4 p.m. Owner agrees to permit the County and District to use the area where the Roundup is held for a reasonable time, not to exceed 24 hours following termination of the Roundup on September 30, 2023 , by 4 p.m., to package and remove all collected hazardous,
nonhazardous, and electronic waste from Owner’s property. Limited rental equipment such as fork lifts, etc., may be left at Owner’s property until pick up by the rental company no later than the second work day of the week following the Roundup. The County and District will store such equipment away from traffic areas, approved by the Owner, until picked up by the rental company. The Owner shall not be responsible for any loss, damage, or liabilities arising out of the use or storage of such rental equipment.
Owner further agrees to provide such use of its property to the County and District without compensation.Article 3. COUNTY AND DISTRICT’S RESPONSIBILITIES:A. County is a self-insured agency and shall provide Owner a Certificate of SelfInsurance.
B. County agrees to release, indemnify, defend, and hold harmless Owner, its partners, employees, officers, and agents against any and all liability and expense,including defense costs and legal fees and claims for damages, including but not limited to, bodily injury, death, personal injury or property damage, arising out of or associated with the use of Owner’s property for the purposes of the Roundup, including but not limited to the acts or omissions of County or District’s contractors in conducting the Roundup, except to the extent caused by an act or omission of Owner or its officers, employees or agents.
C. County and District agree to comply with all applicable Federal, State, and locallaws in conducting the Roundup, and in packaging, removing, and disposing of all waste collected.
D. County and District agree to remove and clean up any spill or other release of hazardous, non-hazardous waste, or electronic waste resulting from the Roundup andrestore affected site facilities to their original condition.
E. County and District agree to provide all overnight security and protection personnel/services necessary for the County’s, District’s, and their contractor’s equipment/supplies that are stored on the Owner’s property prior to or following the Roundup, until such time that all such equipment/supplies are removed from the Owner’s property.
F. Whereas, the County and the District will conduct the Roundup, and all activities involved with the preparation and cleanup, in compliance with all applicable state and local requirements pertaining to COVID-19.G. The responsibilities of the County and the District to each other with regard to the Roundup are governed by the County-District Agreement, which shall remain in full force and effect and which is not intended to be superseded by this Agreement.
nonhazardous, and electronic waste from Owner's property. Limited rental equipment such as fork lifts, etc., may be left at Owner's property until pick up by the rental company no later than the second work day of the week following the Roundup. The County and District will store such equipment away from traffic areas, approved by the Owner, until picked up by the rental company. The Owner shall not be responsible for any loss, damage, or liabilities arising out of the use or storage of such rental equipment.
Owner further agrees to provide such use of its property to the County and District without compensation. Article 3. COUNTY AND DISTRICT'S RESPONSIBILITIES: A. County is a self-insured agency and shall provide Owner a Certificate of SelfInsurance. B. County agrees to release, indemnify, defend, and hold harmless Owner, its partners, employees, officers, and agents against any and all liability and expense, including defense costs and legal fees and claims for damages, including but not limited to, bodily injury, death, personal injury or property damage, arising out of or associated with the use of Owner's property for the purposes of the Roundup, including but not limited to the acts or omissions of County or District's contractors in conducting the Roundup, except to the extent caused by an act or omission of Owner or its officers, employees or agents. C. County and District agree to comply with all applicable Federal, State, and local laws in conducting the Roundup, and in packaging, removing, and disposing of all waste collected. D. County and District agree to remove and clean up any spill or other release of hazardous, non-hazardous waste, or electronic waste resulting from the Roundup and restore affected site facilities to their original condition. E. County and District agree to provide all overnight security and protection personnel/services necessary for the County's, District's, and their contractor's equipment/supplies that are stored on the Owner's property prior to or following the Roundup, until such time that all such equipment/supplies are removed from the Owner's property. F. Whereas, the County and the District will conduct the Roundup, and all activities involved with the preparation and cleanup, in compliance with all applicable state and local requirements pertaining to COVID-19. G. The responsibilities of the County and the District to each other with regard to the Roundup are governed by the County-District Agreement, which shall remain in full force and effect and which is not intended to be superseded by this Agreement.
Article 4. ELECTRONIC SIGNATURES:
This agreement and any other document necessary for the consummation of the transaction contemplated by this agreement may be executed in counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic records and are executed electronically. An electronic signature means anyelectronic sound, symbol or process attached to or logically associated with a record andexecuted and adopted by a party with the intent to sign such record, including facsimile or e-mail electronic signatures. All executed counterparts shall constitute one agreement, and each counterpart shall be deemed an original. The parties hereby acknowledge andagree that electronic records and electronic signatures, as well as facsimile signatures, may be used in connection with the execution of this agreement and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paperoriginal of this agreement had been delivered had been signed using a handwrittensignature. The parties (i) agree that an electronic signature, whether digital or encrypted,of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party will rely on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. If this agreement has been executed by electronic signature, all parties executing this document are expresslyconsenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 (“E-SIGN”) and California Uniform Electronic Transactions Act (“UETA”)(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction.
Article 4. ELECTRONIC SIGNATURES: This agreement and any other document necessary for the consummation of the transaction contemplated by this agreement may be executed in counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic records and are executed electronically. An electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or e-mail electronic signatures. All executed counterparts shall constitute one agreement, and each counterpart shall be deemed an original. The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, may be used in connection with the execution of this agreement and electronic signatures, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this agreement had been delivered had been signed using a handwritten signature. The parties () agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual signature, (ii) intend to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party will rely on such signatures, and (iv) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. If this agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E-SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fax, email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction. Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, by COUNTY SANITATION DISTRICT NO. 2 LOS ANGELES COUNTY on
____________________________________,
and
by the COUNTY OF LOS ANGELES on
____________________________,
and
bytheOWNERon ________________________COUNTY SANITATION DISTRICT No. 2
OF LOS ANGELES COUNTY
By ___________________________ Chief Engineer and General Manager ORIGINAL APPROVED AS TO FORM:
LEWIS, BRISBOIS, BISGAARD & SMITH, LLP
District Counsel
By_______________________
COUNTY OF LOS ANGELES
By
______________________________
Los Angeles County Public Works
Title
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By________________________
Deputy
City of Beverly Hills
By ____________________ APPROVED AS TO FORM: Julian A. Gold, M.D.
Print Name
(OWNER COUNSEL)
Mayor
By_______________________ Title
LAURENCE S. WIENER
Page4of4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, by COUNTY SANITATION DISTRICT NO. 2 LOS ANGELES COUNTY on , and by the COUNTY OF LOS ANGELES on , and by the OWNER on _
COUNTY SANITATION DISTRICT No. 2 OF LOS ANGELES COUNTY
By _
Chief Engineer and General Manager
ORIGINAL APPROVED AS TO FORM:
LEWIS, BRISBOIS, BISGAARD & SMITH, LLP District Counsel By _
COUNTY OF LOS ANGELES
By _
Los Angeles County Public Works
Title
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By _
Deputy
City of Beverly Hills
APPROVED AS TO FORM:
(OWNER COUNSEL)
%, {4A
LAURENCE S. WIENER
By _
Julian A. Gold, M.D.
Print Name
Mayor
Title
City of Beverly Hills signatures continued -County of Los Angeles Countywide Household Hazardous Waste Collection Program Siting Liability Agreement ATTEST:
HUMA AHMED
City Clerk
(SEAL)
APPROVED AS TO CONTENT:
NANCY HUNT-COFFEY
City
SHARON
Risk Manager
DRESSEL
nn72cJmnrn\)oc1o21 &-
City of Beverly Hills signatures continued - County of Los Angeles Countywide Household Hazardous Waste Collection Program Siting Liability Agreement ATTEST: ___________ (SEAL) HUMAAHMED
City Clerk
APPROVED AS TO CONTENT:
NANCY HUNT-COFFEY
City Manager
SSEL
Risk Manager
Attachment 2
800-238-0173 • LACSD.org/HHW • CleanLA.com /SanDistricts /CleanLA
/SanitationDistrictsLACounty
/LosAngelesCountyPublicWorks
2023
Carefully secure items in your trunk/pick-up bed. Hazardous waste must be in your trunk/pick-up bed with no other items.
Waste should be in a sturdy box, preferably in their original containers. Be prepared to leave containers.
No explosives, ammunition, radioactive materials controlled substances, trash, tires, or large appliances (like refrigerators, stoves and washing machines).
Sharps disposal will require exiting your vehicle in a designated location to deposit them in a bin.
Open to Los Angeles County residents. No business waste accepted.
Limit of 15 gallons or 125 pounds of hazardous waste per trip.
Saturday, September 30 • 9 A.M. - 3 P.M.
Beverly Hills City Streets
West 3rd Street between Foothill Road &
Civic Center Drive
Beverly Hills, CA 90210
FREE Household Hazardous
and Electronic Waste
Drive-Thru Collection Event
TOO TOXIC TO
TRASH CHEMICALSE-WASTESHARPS
PAINTS &SOLVENTS
Brought to you by Los Angeles County and presented by L.A. County Public Works and the Los Angeles County Sanitation Districts, in cooperation with the cities of Beverly Hills, Culver City, Los Angeles, and West Hollywood.
W. 3rd St.
Burton Way
Alden Dr.
Beverly Blvd.
Foothill Rd.N. Doheny Dr.
Santa Monica Blvd.
Civic Center Dr.
Civic Center Dr.
X
Enter on
W. 3rd St.
COVID-19 Precautions
Do not attend if you have:
• Any COVID-19 symptoms.
• Tested positive for COVID-19.
• Been asked to quarantine or isolate.
Stay
in your
vehicle.
Wear a mask if you have:
• Had recent close contact with
someone with COVID-19.
• Tested positive for COVID-19 but e are able to end isolation. s.
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