C
ITY OF SIMI VALLEY
MEMORANDUM
S
eptember 15, 2025
T
O: City Council
F
ROM: Department of Public Works
S
UBJECT: APPROVAL OF AN AMENDED AND RESTATED AGREEMENT TO
PROVIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION AND
DISPOSAL SERVICES TO CITY OF MOORPARK RESIDENTS AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT
STAFF RECOMMENDATION
I
t is recommended that the City Council:
1. Appr
ove an amended and restated 2025 Agreement to continue providing household hazardous waste collection and disposal services to the residents of the City of Moorpark (Moorpark); and
2. Aut
horize the City Manager , or designee, to execute the 2025 Agreement and all related documents , in a form approved by the City Attorney , to implement the Agreement with Moorpark, including future unit pricing amendments to reimbursement to the City for services.
BACKGROUND AND OVERVIEW
T
he City operates a household hazardous waste (HHW) drop-off program to serve residents of the City of Simi Valley (City) . This service is typically provided on the third Saturday of January, March, May, July, September , and November . Since 1995, the City has contracted with Moorpark to provide the same service to residents of Moorpark.
The agreement provides that Moorpark reimburses the City for these services based on the number of its residents served. The recent agreement expired on June 30, 2025 , and staff recommends that the City Council continue this arrangement through a new, restated agreement.
FINDINGS AND ALTERNATIVES
M
oorpark continues to depend on a larger HHW program to provide an environmentally sound and cost -effective means for its residents to dispose of or recycle household hazardous wastes legally. Moorpark would pay for services to its residents on a per-unit (per vehicle) price basis at the rate of $93.15. The City must provide Moorpark 45 days’ written notice of necessary adjustments to the rate due to increased service expenses.
These rates allow Simi Valley to recover its costs in providing program services, e.g., staff time during collection events, contractor oversight, administration of the appointment line, and the advertisement of the collection events in local publications. In AGENDA ITEM NO.
Consent (5)
addition, the restated text strengthens the indemnification, hold harmless, and defense provisions in favor of the City, given the additional obligations on the City in collecting, transporting, and disposing of household hazardous waste from Moorpark residents.
The term of the Agreement will be from the date this Agreement is approved and executed and will automatically renew annually on July 1st of each year. Either party may terminate the Agreement at any time by transmitting written notice via letter to the party representative identified in Section in accordance with the requirements therein.
Termination will be effective 30 calendar days following transmittal of such notice.
Moorpark reimbursed the City approximately $8,923 in FY 2022-23 and $7,080 in FY 2023-24. The two cities have a good working history on this program and consider the Agreement to be mutually beneficial.
The following alternatives are available to the City Council:
1. Approve the amended and restated 2025 Agreement to continue providing household hazardous waste collection and disposal services to Moorpark residents, and authorize the City Manager or designee to execute the Agreement and all related documents in a form approved by the City Attorney;
2. Do not approve the 2025 Agreement;
3. Provide other direction to staff.
Staff recommends Alternative No 1.
SUMMARY
The City has provided household hazardous waste drop-off services to Moorpark residents every other month. This Agreement provides for payment reimbursement to the City by Moorpark for these services. It is recommended that the City Council approve the 2025 Agreement to continue providing household hazardous waste disposal services to Moorpark residents and authorize the City Manager to execute the 2025 Agreement.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Wes Yates, Environmental Compliance Program Coordinator
INDEX Page
Attachment A – 2025 Agreement ..................................................... 3
2 AMENDED AND RESTATED AGREEMENT BETWEEN THE
CITY OF MOORPARK AND THE CITY OF SIMI VALLEY
FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION
SERVICES
This Agreement is made and entered into on this 15th day of September 2025, by and between the CITY OF MOORPARK, a municipal corporation, hereinafter referred to as MOORPARK, and the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as SIMI VALLEY.
R E C I T A L S:
WHEREAS, SIMI VALLEY operates a state permitted Household Hazardous Waste Collection Program in accordance with the Federal Resource Conservation and Recovery Act, State Hazardous Waste Control Law, and Title 22 of the California Code of Regulations.
WHEREAS, MOORPARK retains SIMI VALLEY to provide Household Hazardous Waste Collection Program services, and SIMI VALLEY hereby accepts such engagement.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are a part of this Agreement.
2. Definitions. The Following definitions will apply to this Agreement:
“Contractor” means the company contracted with SIMI VALLEY to provide Household Hazardous Waste collection services for SIMI VALLEY.
“Event” means all activities of the SIMI VALLEY Household Hazardous Waste Collection Program for which SIMI VALLEY provides services at the designated Household Hazardous Waste Event site.
“Household Hazardous Waste” (HHW) means a hazardous waste discarded from residences that is either hazardous waste defined by the Health and Safety Code § 25117 or wastes that are listed in the California Code of Regulations, Title 22, Division 4.5, Chapter 11, or that exhibit characteristics of ignitability, corrosivity, reactivity, or toxicity described therein. HHW may include, but are not limited to, common household products such as household cleaning products, spot remover, floor polish, furniture polish, aerosol cans, fluorescent light tubes, solvents, oven cleaners, pesticides, pool chemicals, oil based paints, latex paints, used motor oil, antifreeze, and car batteries, as well as mercury containing devices, prescriptions, over the counter medications, and home generated 3 sharps waste as defined in the M edical Waste Management Act, California Health and Safety Code § 117671. HHW does NOT include radioactive materials, explosives/ammunition, electronic waste, tires, propane tanks, or wastes produced in the course of operating a business, including a business operated out of a residence.
“Household Hazardous Waste Element” (HHWE) means the most current and approved document cities and counties are required to prepare, a dopt and submit to California Department of Resources Recycling and Recovery, in which the HHWE document identifies a program for the safe collection, recycling, treatment, and disposal of hazardous wastes that are generated by households within their jurisdiction.
“Participants” mean all persons who have been confirmed as authorized by virtue of jurisdiction or origin (both with and without appointments) to bring HHW to the Event site.
“Program” means the SIMI VALLEY HHW Collection Program, which will include all events and activities provided herein to accept, handle, and dispose of HHW generated by participants. The Program will include without limitations all services to accept, reuse, recycle, store, and dispose of HHW.
“Moorpark Resident” means any person with a residential address within the incorporated limits of the City of Moorpark who has either scheduled an appointment for an Event or shown proof or residence in incorporated areas of MOORPARK pursuant to Section 4(F), below.
3. Term. The term of this Agreement will be from the date this Agreement is made and entered, as first written above, and automatically renew annually on July 1st of each year. Either party may terminate this Agreement at any time by transmitting written notice via letter to the party representative identified in Section in accordance with the requirements therein. Termination will be effective 30 calendar days following transmittal of such notice.
4. Obligations of SIMI VALLEY.
A. SIMI VALLEY will administer the operation of a HHW Collection Program.
B. SIMI VALLEY will oversee and administer the services of the Contractor, which will consist of operating up to six (6) HHW Collection Events per year.
C. SIMI VALLEY will be deemed to be the legal generator, according to the Federal Resource Conservation and Recovery Act, State Hazardous Waste Control Law, and Title 22 of the California Code of Regulations, of all waste collected at designated site. As the legal generator, SIMI VALLEY must obtain all State permits and variances.
D. SIMI VALLEY’s administration of Events, as referenced in B, above, will include administration of an appointment-based system for the Program, including scheduling appointments and mailing Event appointment cards to scheduled Participants. 4 E. SIMI VALLEY and MOORPARK will mutually agree upon the approximate number and distribution of appointments made available to M oorpark Residents.
F. SIMI VALLEY reserves the right to reject or accept Moorpark Residents who do not have appointments for the Events, if an Event approaches capacity.
To be eligible to participate in an Event without an appointment, Moorpark Residents must demonstrate residence in incorporated areas of MOORPARK by providing Event staff with a valid Driver’s License indicating an address that is on a list of incorporated City of Moorpark streets provided by MOORPARK to SIMI VALLEY and Contractor at least 10 calendar days before the given Event.
G. SIMI VALLEY will be quarterly invoiced based on the use of the services by Moorpark Residents at the currently agreed upon rate of ninety-three dollars and fifteen cents ($93.15) per Moorpark Resident’s vehicle that delivers HHW to an Event.
H. SIMI VALLEY will provide MOORPARK with at least forty -five (45) days advance notice in writing prior to the effective date of any changes in SIMI VALLEY’s rate.
I. SIMI VALLEY will provide the record of Event appointments for Moorpark Residents to MOORPARK, ten (10) days prior to the scheduled E vent.
MOORPARK will respond to SIMI VALLEY, in writing, within two (2) business days of any discrepancy in the appointment list relative to MOORPARK including whether customers listed as residents of MOORPARK are actually Moorpark Residents. MOORPARK must directly notify any MOORPARK customer not allowed to participate via telephone or written communication. Unless MOORPARK notifies SIMI VALLEY to the contrary, MOORPARK agrees that SIMI VALLEY’ s designation of a Participant as a resident of MOORPARK is an agreement that MOORPARK will pay the per vehicle rate as agreed to herein.
J. SIMI VALLEY will provide MOORPARK with a participation summary of Moorpark Resident participation within fifteen ( 15) days following each E vent and quarterly invoicing for participation per the agreed upon rate.
K. SIMI VALLEY will notify MOORPARK, in writing at least thirty (30) days prior to the effective date of any Program change, of changes in the P rogram or process impacting MOORPARK, including but not limited to, changes in E vent location, cost, and HHW materials accepted.
L. Subject to limits otherwise set forth in this Agreement, SIMI VALLEY will not restrict Moorpark Residents’ access to SIMI VALLEY’s Program.
M. Nothing in this Agreement will preclude SIMI VALLEY from allowing participation in its Program Events from jurisdictions other than MOORPARK.
5 5. Obligations of MOORPARK.
A. As Events are open to the public, MOORPARK, will have the opportunity to observe Event operations.
B. MOORPARK will provide its own publicity for the Program. Publicity must identify acceptable and unacceptable wastes and will advise Participants on proper HHW delivery guidelines, which must be consistent with SIMI VALLEY’s Program requirements and state law, to safely transport HHW.
C. MOORPARK has the right to limit the number of its Participants and will be responsible for notifying SIMI VALLEY in writing, sixty (60) days prior to the next Event for which MOORPARK desires to impose said limit. MOORPARK may also request SIMI VALLEY withhold services from Moorpark Residents without an appointment. Such notice must be provided not less than ten ( 10) days before the affected E vent.
MOORPARK will be responsible for notifying Moorpark Residents of such determination.
D. MOORPARK must pay SIMI VALLEY for services provided to MOORPARK at the rate agreed to herein, multiplied by the actual number of M oorpark Residents’ vehicles that deliver HHW to an Event. Payment will be made within thirty (30) days of the invoice date.
E. SIMI VALLEY will provide the record of Program appointments indicating Moorpark Residents’ Event registration to MOORPARK, in writing , ten (10) days prior to the scheduled Event. MOORPARK must respond, in writing, to SIMI VALLEY within two (2) business days identifying any discrepancy in the appointment list relative to MOORPARK, including whether customers listed as residents of the incorporated portions of MOORPARK are actually M oorpark R esidents. MOORPARK must directly notify any MOORPARK customer not allowed to participate, pursuant to subsection C, above. Unless MOORPARK notifies SIMI VALLEY in writing otherwise, pursuant to this subsection, MOORPARK agrees that SIMI VALLEY’s designation of a P articipant as a Moorpark Resident is valid for purposes of Event participation and Event fee invoicing.
6. Audit. MOORPARK will have the option of inspecting and/or auditing all records and other written materials used by SIMI VALLEY in preparing its statements to MOORPARK as a condition precedent to any payment to SIMI VALLEY.
7. Hold Harmless and Indemnification.
A. MOORPARK indemnifies and holds SIMI VALLEY harmless from and against any claim, action, damages, costs (including without limitation, attorney fees), injuries, or liability, arising out of this Agreement or its performance. Should SIMI VALLEY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement or its performances, MOORPARK will defend SIMI VALLEY (at SIMI VALLEY’s request and with counsel satisfactory to SIMI VALLEY) and will indemnify SIMI VALLEY for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this subsection 6 A, “SIMI VALLEY” includes its officers, officials, employees, agents, representatives, and certified volunteers.
B. SIMI VALLEY will indemnify MOORPARK, its agents, officials, officers, representatives and employees, from and against all claims, lawsuits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any intentional act or negligence of SIMI VALLEY, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance of this Agreement .
SIMI VALLEY will thoroughly investigate any and all claims and indemnify MOORPARK and do whatever is necessary to pr otect MOORPARK, its agents, officials, officers, representatives and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this Agreement . The foregoing notwithstanding, the SIMI VALLEY’s total, cumulative liability will not exceed the total amount of fees MOORPARK has paid SIMI VALLEY under Section 4(D) of this agreement as of the date of the claim arises.
C. The foregoing provisions in this section will survive termination of this Agreement.
8. Amendments. Any amendment, modification, or variation from the terms of this Agreement must be in writing and will be effective only upon mutual written approval by MOORPARK’s City Manager and SIMI VALLEY’s City Manager.
9. Complete Agreement. This Agreement will constitute the complete Agreement between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein will be of any force or effect, nor will any such verbal agreement, understanding, or representation be binding upon the parties hereto.
10. Authority to Execute Agreement. Both MOORPARK and SIMI VALLEY do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party.
11. Jurisdiction and Venue. Jurisdiction is in the State of California and venue lies in Ventura County.
12. Liability. The Contractor is to provide proof of insurance coverage as required by SIMI VALLEY. If an incident should occur, and the resources (including insurance) of the Contractor and/or the responsible disposal facility operator are insufficient or unavailable to pay the necessary cost of remediation, or if liability to any party in this Agreement arises in any way out of the Event or disposal (long- term or storage at a waste management facility) of any HHW collected at any Event, liability shall be apportioned in accordance with this Agreement’s terms.
13. Agreement. This Agreement will be constituted as an agreement between SIMI VALLEY and MOORPARK hereto but is not intended and will not be construed by any third person as establishing a standard of care, and will not create or impose a mandatory duty under Government Code § 815.6, nor will this Agreement be construed to constitute a statute, ordinance, or regulation within the meaning of Evidence Code § 7 669.
14. Integrated Waste Management Act Responsibilities. Unless otherwise provided in this Agreement, SIMI VALLEY and MOORPARK affirm that each is responsible for its respective compliance with Assembly Bill 939, and no party will be responsible to the other related to the implementation of its own HHWE.
15. Notices. All written notices required by, or related to this Agreement must be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this Agreement will refuse to accept such mail; the parties to this Agreement must promptly inform the other party of any change of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this Agreement is as follows:
SIMI VALLEY Department of Public Works
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Samantha Argabrite, City Manager
(805) 583-6401
MOORPARK City of Moorpark
323 Science Drive
Moorpark, CA 93021
Attn: PJ Gagajena, City Manager
(805) 517-6212
16. Rules of Construction. Each party has had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either party.
17. Severability. If any portion of this Agreement is declared by court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this agreement will continue in full force and effect.
18. Electronic Signatures; Counterparts . This Agreement may be executed by the parties on any number of separate counterparts, and all such counterparts so executed constitute one a greement binding on all the parties notwithstanding that all the p arties are not signatories to the same counterpart. In accordance with Government Code § 16.5, the parties agree that this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
City of Simi Valley, a Municipal Corporation
Attest:
By:
Lucy Blanco Dee Dee Cavanaugh, Mayor of the City
of
City Clerk Simi Valley, California
Approved as to Form:
Algeria Ford, City Attorney
Approved as to Content:
Samantha C. Argabrite, City Manager
Ronald K. Fuchiwaki, Director
Department of Public Works
City of Moorpark, a Municipal Corporation
Attest:
By:
Ky Spangler Chris Enegren, Mayor of the City of
City Clerk Moorpark, California
Approved as to Content:
PJ Gagajena, City Manager
9