HomeMy WebLinkAboutCC AG PKT 2008-02-11 #O
AGENDA STAFF REPORT
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DATE:
TO:
February 11, 2008
FROM:
Honorable Mayor and City Council
David Carmany, City Manager
June Yotsuya, Assistant City Manager
THRU:
SUBJECT: Household Hazardous Waste Management Program
SUMMARY OF REQUEST:
The City Council to approve Resolution of Participation in County of Orange
Regional Recycling and Waste Diversion Grant Program and authorize
agreement with Curbside Inc. to implement one-year Household Hazardous
Waste Management Program in the City of Seal Beach.
BACKGROUND:
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The County of Orange Integrated Waste Management Department (IWMD) has
initiated a Regional Recycling and Waste Diversion Grant Program to provide
financial support and incentives to partner cities and special districts to promote
greater participation in recycling and waste diversion programs throughout
Orange County.
The Board of Supervisors has allocated $1,000,000 to support this program for
fiscal year 2007/08. Available funding will be dispersed on a per capita basis
with cities being grouped by population into small, medium and large-sized cities.
The funding allocation available to City of Seal Beach is $20,000.
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Participation in the program requires the adoption of a Resolution of Participation
by the City, a submittal of the City's intended use of the grant funds and
agreement to comply with the conditions outlined in the document. Only new or
significantly expanded programs/activities will be awarded funding.
In previous years, the City of Seal Beach has partnered with the City of Cypress
for application of other grant funds used for oil recycling, etc. This year, the City
will be submitting an individual grant proposal to implement a pilot city-wide
door-to-door household hazardous waste management program to remove
unwanted electronic waste (E-Waste such as computers, printers, and cell
phones) and universal waste (U-Waste banned from regular trash disposal) as
well as Sharps (needles, etc.) and Non-Controlled Medicines stored in residents'
homes.
Agenda Item ()
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Curbside Inc. based in Anaheim has managed many City collection programs in
the Southern California area and has proposed to provide additional collection
programs through this grant program. Door-to-door collection of Household
Hazardous Waste (HHW) is their specialty and is very familiar with reporting and
disposal requirements for HHW. The proposed household hazardous waste
management program is designed to supplement the County of Orange program
(permanent center sites and regional one-day events) by allowing residents a
convenient recycling opportunity with a one time per year collection from the
residents' homes. Since sharps and medicines are not currently accepted at any
of the County Permanent Centers, this will provide an opportunity for residents to
properly dispose of such items.
This year's grant allocation of $20,000 will permit the City to implement a one-
year citywide collection service for our residents. Under the proposed program,
residents will have the opportunity to use the program one time per year.
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FINANCIAL IMPACT:
Upon approval of the City's grant application, the City will receive a one-time
grant of $20,000 to implement the Household Hazardous Waste Management
Program. If IWMD deems the Grant Program a success, addi~ional funds may be
available in subsequent years on a multi-year basis.
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RECOMMENDATION:
City Council to approve the following resolutions:
1. A Resolution of the City Council of the City of Seal Beach, Califomia
Authorizing City Participation in the County of Orange Regional Recycling
and Waste Diversion Grant Program, and
2. A Resolution of the City Council of the City of Seal Beach, California
Approving An Agreement For Household Hazardous Waste Management
Program between the City of Seal Beach and Curbside, Inc.
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SUBMITTED BY:
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NOTED AND APPROVED:
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David Carmany, City Manager
J
, Assistant City Manager
Attachments:
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A,
B.
C.
D.
E.
Grant Application
Grant Program Summary
Proposed Agreement
Resolution Authorizing Participation
Resolution Approving Agreement
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J_VoG-,DIrot:IDr
320 N. _ s-. Suite 400
SaDla ADa, CA 927D3
COUNTY OF ORANGE
INTEGRATED WASTE MANAGEMENT DEPARTMENT
www Ot:landfills com
Telephono: (714) 1134-4000
Fox: (714) 834-4183
EXHIBIT 2
Regional Recycling and Waste Diversion Grant Program
2007 - 2008 Application
Supervisorial District: 1)_ 2)
5)
3)
4)
Name of Organization:
City of Seal Beach
211 81b Street Seal Beach. CA 90740
Address:
Contact Person:
June Y otsuva
Job Title:
Assistant City Manal!:er
Phone Number: 562-431-2527. exL 308 Fax Number: 562-493-9857
Email Address:ivotsuva@CLseaI-beach.ca.us
Project Title: Household Hazardous Waste Manal!eIIlent Prol!l'lllIl
Eligible Amount: 520.000
Total Project Budget: 520.000
Project Start Date: Amil!. 2008 Project Completion Date: March 31. 2009
Project Summary:
Implement a city-wide door -to-door universal management program to remove unwanted
universal waste (E- and U-Waste) plus Sharps and Non-Controlled Medicines stored in residents'
homes.
Anticipated Outcome:
Program will encourage greater participation in recycling and disposing of hazardous materials
through the once-a-year door to door collection program and assist seniors and disabled in
properly disposing of such materials.
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PROJECT & ACTIVITY DESCRIPTION:
Door to door collection program provides Seal Beach residents the opportunity to remove
unwanted waste once a year from their residence and will supplement the residents' trips to
permanent centers and County regional collection events.
BRIEFLY EXPLAIN THE NEED:
Because HHW disposal requires local residents to drive out of Seal Beach to dispose of their
unwanted waste, such material may currently be dmnped into the regular waste stream. for
convenience rather adhering to the HHW requirements. It may also be difficult for seniors and
disabled to properly dispose ofHHW such as Sharps and Medicines.
GOALS & OBJECTIVES OF PROPOSED PROGRAM:
To reduce illegal disposal in regular waste stream and provide residents with an accessible
method of disposal of unwanted waste.
PROJECT TIMELINE:
One year trial program.
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PARTNERSHIPS:
None
OTHER FUNDING SOURCES:
None
ANTICIPATED ACCOMPLISHMENTS:
Increased participation in Household Hazardous Waste Management Program.
Increased public awareness of diversion.
DESCRIBE PROPOSED METIlOD OF MEASUREMENT:
All waste collected will be recorded on an inventory form. Data. collected will be entered into a
tlSlU),ese.
NAMES, TITLES & CONTACT INFORMATION OF PROJECT ADMINISTRATION
STAFF:
June Y olsuya, Assistant City Manager
e PLEASEA1TACH YOUR BOARDICOUNCIL RESOLUTION AND MINUTE ORDER.
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Applicant Si~
Date
Print Name
Please submit to Isabel Rios, Manager, Regional Recycling and Waste Divenion Grant
Program at (714) 834-4118 or via email atIsabel.Rios@iwmcLocgov.com.
3003
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PROPOSAL
Household Hazardous Waste Management Program
City of Seal Beach
January 7,2008
PROGRAM SUMMARY:
This pnoposes that the City of Seal Beach utilize the 200712008 AB 939 Surcharge Grant to
implement a citywide door-to-door universal management pnogram to remove unwanted Uni-
versal waste (E and U-Waste) plus Sharps and Non-Controlled medicines stored in residents'
homes.
Residents are notified that the pnogram will remove their eligible waste Items directly from their
homes if they call 1-800-449-7587 and request a collection date. The waste is placed by the
entrance door, garage door or yard gate in the morning and it is removed by the end of the
work day (5:00 pm).
There are distinct benefits for this type of program vs. events and pemnanent centers, both of
which require residents to drive. The Door-to-Door pnogram allows the City of Seal Beach resi-
dents to participate when it is convenient for them, with the least risk to their health and the
health of others. Seniors and disabled persons are offered assistance when they cannot re-
move the items from their garages and homes. This pnogram gives the City of Seal Beach
residents year-anound access.
The City is entitled to receive $20,000 fnom Orange County Integrated Waste Management
thnough a grant. Curbside pnoposes to pnovlde residents of Seal Beach the opportunity to re-
move unwanted Universal waste (E and U-Waste) plus Sharps and Non-Controlled medicines
direcUy from their homes one time per year.
More than 90% of the waste collected is recycled including household batteries and most other
materials collected.
Curbside will charge. For this fee Curbside Inc. will:
Collect materials listed on page 6 .
Render assistance to seniors and disabled persons (upon request)
Dispose of all waste (recycling about 90%)
Provide postage paid survey cards (mailed back direcUy to the City )
Create monthly reports
Pnovide bi-annual comprehensive reports and analysis
Pnovide documentation for each collection
Copyrigbt C 2007Curboide IIIl:.
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The following documents explain the program in more detail:
1. Door-to-Door program operational plan
2. Acceptable and unacceptable waste with disposal options for excess, commercial
and unacceptable waste.
3. Public Education efforts, what Is and Is not Included in the basic program
This program is dasigned to supplement the County program by allowing residents with batter-
Ies, lamps and similar items to have a convenient recycling opportunity. The program offered
In Laguna Beach has been highly successful with a similar demogrephic. Currently sharps
and medicines are not accepted at any of the County Permanente Centers.
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Copyright C 2007Cudlsidc Inc.
Cwbside, Inc.
1160 North Armando Street
Anaheim, CA 92806
Phone: 714-414-1015 (ex!. 110)
Fax: 714-632-7390
E-mail: panderson@cwbsideinc.com
www.cwbsideinc.com
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ATIACHMENT
DOOR.TO-DOOR HOUSEHOLD HAZARDOUS WASTE
OPE~TIONAL PLAN
Basic oDeration of the
Droaram:
Copyright C 2007Curllside Jnc.
1
1. Resident calls the toll-free hotline to schedule an
appointment. At this time the operator and resident will
detennlne mutually, a safe and convenient location on
their property for placement of e-waste for pickup.
2. On the scheduled day, the resident places the e-waste
in the previously agreed upon location on their property
for collection.
3. On the scheduled day, our highly trained customer
service person arrives and Inspects the contents of the
material
4. Acceptable materials are carried to the vehicle.
5. If participants leave unacceptable materials, An
Information card will be placed on the door infonning
the participant to call for instrucllons. No resident will be
left without a solution.
6. The waste material is shipped to final recycling/disposal
facilities.
7. Complete reporting will be provided to The City. This is
based upon the Individual receipt used at the home.
Reports will show what was collected, from whom, and
when.
Special service will be provided on an limited as needed basis
for senior/disabled participants. Often senior/disabled residents
are not able to lift and assemble their material for collection.
Curbside will assemble and package material for these
individuals at no additional eo&t to The City. (Assembling and
packaging is limited to 15 minutes. ) Our experience has been
that most if not all assistance that would be required has typi-
celly been completed within the allowed 15 minute time frame.
If the residents requires more than 15 mln a decision will be
made as to weather or not to reschedule this resident. It is Im-
portant that all scheduled residents are collected from during
that day. .
For privacy reasons we will not accept medicines placed in bag
in their original prescription bottles. For those residents who
infonn the hotline they have medicines for disposal special in-
structions will be given as how to pack them properly.
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Manaaement of waste
Insurance Coveraae:
Copyrisht C 2007Cwbsidc me.
Sharps containers can be placed into the kit bag for collection.
Containers designed to hold sharps are preferable but not re-
quired.
All waste collected will be recorded on an inventory form. Each
item collectecl wlll be listed along with the name and address of
the participant. In Califomia, a copy of the form is left with the
participant. Data from the collection is entered into Curbside's
database where the computer calculates the approximate weight
of the waste collected. This information is included in reports.
Household hazardous waste Is co-mingled as it is collectecl.
Waste from one community is often co-mingled wlth waste from
other communities. Curbside prepares shipping documents
when we ship waste for recycling or disposal. We retain copies
of these documents.
Curbside provides a one million dollar insurance policy to meet
State of Califomia MCS 90 standards. This policy covers
liability and pollution caused as a result of Curbside Inc.
operations. The City wlll be added as a named insured and
Indemnified in the final contract.
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HOUSEHOLD HAZARDOUS WASTE MATERIALS
ACCEPTABLE WASTE:
Misc. Household I U-Wasts
Household betterles
Electronics, lV, CRT, consumer Items
Fluorescent tubes
Thermometers
Sharpe
Non-controlled medicinea
CopyrisbI C 2007Curbside Jnc.
UNACCEPTABLE WASTE:
Biological waste
Radioactive meterlals
Smoke detectors
Ammunition
explosives
Leaking conteiners
Unknowns (must be tested)
Fire extinguishers
Pressurized cylinders (propans tanka)
Tires
Appliances (larger than microwave)
Waste In 6 gallon or larger container
Commercial chemicals (for business use)
Asbestos
Trash
Construction materials
Not more than live gellons of driveway sealer
Liquid mercury
All Household Hazardous Waste
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Assi~nce with Public
Educalon
:levailllble at no cost):
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Copyright C 2007CmlJoidll Jnc.
ATfACHMENT
PUBLIC EDUCATION
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Curbside will provide assistance to The City Staff for the
development and implementation of a successful public
education program. Curbside's marketing professionals will
make their services available to review and edit
communications materials prepared by The City . Camera-
ready art from Curbside, Inc. will be provided at no charge.
Curbside's Marl<etIng staff is available to assist The City with
media planning, copy writing and with the production of printed
material (standard cost-plus-15% markups apply for outside
purchases).
Summary of Included services:
. Review and edit communications material prepared by The
City
. Use of Curbside's existing camera-ready art
. Assistanca with media scheduling
. Introductory press-release copy
. Tracking of how callers heard about the program
Additional services are provided on an hourly rate basis. Stan-
dard cost-plus-15% markups apply for outside purchases.
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ATTACHYlEST
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HOUSEHOlD HAZARDOUSWASlE MANAGEMENT PROGRAM 4
Monetary Proposal
Door-te-Door Collections A stop consists of the collection of sharps electronics, non-
controlled medicines and other materials listed on page 6.
Residents will be allowed to place unlimited elu waste Items
along with auto batteries and fluorescent bulbs and E-waste
out for collection.
The program will be made available to all City residents Includ-
ing those residing within leisure World
Curbside will guarantee to collect one time per year from all
residents within the City including Leisure World for a not to
exceed cost of $20,000.
Excessive waste!
unacceDtable waste:
Large quantities of waste and items which are clearly com-
mercial will not be collected under the standard pricing
above. The resident may choose to pay for the cost of col-
lecting this material. Please refer to page six.
Public education
Standard generic art work from Curbsides archive will be
made available via e-mail for free. The City must cooperate
with Curbside in any public education information that de-
scribes the collection of medicines. The public must be in-
formed that only non-controlled medicines will be collected.
The participant will be able to place unlimited amounts of E and
U-waste out for collections. Residents may place their sharps
out for collections in any size or type of sealed puncture resis-
tant container. Medicines will be collected only from residents
who are hOl!1e or who leave a side gate unlocked with instruc-
tions to retrieve the medicines.
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Amount collected Der
StoD
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Copyrigbl C 2007CwlJoide Inc.
PIp 7
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1160 N. _0 SL )
AoIhcim, CA 92806
Pboao: 714-414-1015 (oxL 110)
FIIlC 714-200.0s15
\!omoi1: poodelIoo@cudJaideiDc.c...
ABOUT CURBSIDE
(
Curbside Inc. has collected household hazarrlous waste for mora than twelve yearB. We pioneered the
collection of HHW directly fmm homes (Door-to-Door), this is our specialty. In addiUon. we manege
evenls and pennanenl HHW facilities. Many of our clients have won state and/or national awams for
the programs we manege for them. We do not sarve/ndustrlal or laTflS commercial businfIBB8B. our f0-
cus is on T8Bidentia/and small business generafots of hazardous wests.
We ara a California Corporation. however, citias. counties and other public agencies across the coun-
try have contractad with CUrbside 10 provide CESQG and household hazatdouB waste management ~
grams. In California. we S8MI clients In San Diego. Orange. Los Angeles, Riverside. San Francisco and
Contra Costa Counlifjls. CUtbside is e lfIgistal8d hllzardous wasta and medical waste IrBnspoder. In addilion
our Anaheim fsciIity is a IIII/y pennit/Bd medical wasta faciIiIy. In Callfomia. our programs operate under
Local CUPA Pennits.
Active California Client LIat (as of 111On:
Buena Perle
Orange
Garden Grove
Coste Mesa
Costa Mesa Sanitary DisIrict
Laguna Beach
Laguna Woods
Lynwood
Fountain Valley
Huntington Beach
Huntington Park
Placentla
Norwalk
Dlemond Bar
Monrovia
Santa Clarita
Palmdale
Palm Springs
CypI8BB
La Palma
Inglewood
Mission Viejo
Santa AIle
Rancho Mirage
Doug Brodowski
Greg Warren
Ann Cao
Donna TheriauH
Tom Fauth
Ua Vasquez-Avilia
Doug Reilly
Vannesa Hevener
Steve Hauerwaas
Dave Symthe
Christina Dixon
Traci Stubbier
Adriania Figueroa
Joyce Lee
Heethar Maloney
MarlePatti
Ben Lucha
John Reymond
Antionia .CestItl
Anlionia Castro
Thomas Coates
Denise Matson
Teri Cable
Bruce Willlems
714-562-3652
714-744-5551
714-741-5554
714-754-5024
714-393-4433
949-497-0344
949-452-0600
31o.s03-0220
714-593-4550
714-536-5469
213-584-6323
714-993-8117
562-929-5915
909-396-7038
618-932-5550
661-284-1411
661-267-5300
760-323-8263
714-229-6752
714-229-6752
310-412-5333
949-470-3000
714-847-5658
760-324-4511
We manege many programs in other sIaIBs all ofwhlch include small business coIlec1ion elements. Program
designs vary from community to community to meet their Individual needs. This listing is not complete in
that iI'does not list clients who have engaged Curbside lor special hazardous waste collection and
disposal projects such as one-day events or roundups.
Copyright C 2007Curbside Jnc.
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PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into this day of between the City
of Seal Beach, a Municipal Corporation (herein refer to as "CITY") and CURBSIDE INC, a
California Corporation (herein refer to as "CONTRACTOR").
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A. Recitals.
(i) CONTRACTOR has submitted its proposal for the performance of services
necessary to obtain 2007-2008 County Recycling and Waste Diversion Grants Program funds in
connection with the establishment of a Door-to-Door Universal Waste, E-waste, Sharps and
Medicine Program in the City of Seal Beach, which proposal for work is attached hereto as
Exhibit "A" and by this reference made a part hereto.
(ii) City desires to retain CONTRACTOR to perform the services described in
subsection (i) above.
(iii) CONTRACI'OR represents that it is qualified to perform such services as
described above, and at a greater length herein.
NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR as follows:
B. Al!I'eement.
The parties hereto do mutually agree as follows:
1. Term of Al!l'llement: The term of this Agreement shall
commence as of its effective date and shall continue until all services required of
CONTRACI'OR have been completed, or the expiration of one (1) year, which ever occurs first,
or may be extended up to four additional one year terms as mutually agreed upon in writing by
the parties.
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2. Oblil!ation of CONTRACTOR:
(a) CONTRACTOR shaD forthwith undertake and complete the required
services in accordance with Exhibit "A" and this Agreement hereto and all Federal, State and CITY
statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY.
(b) In connection with the work required to be performed by
CONTRACTOR pursuant to this Agreement, CONTRACTOR shall maintain complete and
accurate records of all costs which it incurs in the performance of this Agreement, and shall
prepare any and all documents, data, records, studies, surveys and reports required by the County
of Orange IWMB and/or any other administrative entity, or by reason of any local, state or federal
rule, regulation or law. Unless otherwise required by CITY, CONTRACTOR shall maintain
copies of such documents and records on CITY's behalf throughout the term of this Agreement.
(c) CONTRACTOR shall, at CONTRACTOR's sole cost and
expense secure and hire such other persons as may, in the opinion of CONTRACTOR, be
necessary to comply with the terms of this Agreement. In the event any such other persons are
retained by CONTRACTOR, CONTRACTOR hereby warrants that such persons shall be fully
qualified to perform services required hereunder. CONTRACTOR further agrees that no
subcontractor shall be retained by CONTRACTOR except upon the prior written approval of
CITY.
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(d) In the event CONTRACTOR is required to enter into any
agreements with any other persons or business entities in its performance of this Agreement, such
agreement(s) shall require such other persons and/or business entities to agree to defend and
indenmify CITY and CITY's elected officials, officers and employees as to any and all claims
arising out of such person's and/or business entity's performances of said Agreement, including
but not limited to, claims alleging a defect in any goods or equipment provided by
CONTRACTOR as well as any claims alleging any violation of any of the Acts or other
environmental laws or regulations referred to in subsection (e), below. Prior to commencing
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performance pursuant to any such third party agreement, CONTRACTOR shall provide CITY
with a copy of such agreement evidencing the indemnity required to be included pursuant to this
section.
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(e) CONTRACTOR hereby represents and warrants that no
perfonnBnce on its part which is required pursuant to this Agreement, shall subject
CONTRACTOR and/or CITY to the provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), the Federal Resource Conservation and
Recovery Act (RCRA), the ~ifornia Hazardous Substance Account Act (HSAA), the California
Hazardous Waste Control Act (HWCA), the Porter-Cologne Water Quality Control Act, and/or
the Underground Storage Tank Act (UST A), or any other environmental laws or regulations.
Notwithstanding the foregoing, in the event any claim is asserted against
City alleging a violation under any of the foregoing acts or laws, CONTRACTOR shall
indemnify, defend and hold free and harmless CITY as to such claim, and any and all other
liabilities, damages. demands, actions, judgements, penalties, costs and/or expenses, including
reasonable attomey's fees arising from said violation.
3. Oblil!ations of CITY:
(a) To pay CONTRACTOR a maximum sum of monies_as awarded
($20,000) to the CITY by the 2007-2008 County Recycling and Waste Diversion Grants Program
for the performance of the services required hereunder. This sum shall cover the cost of all staff
time and all other direct and indirect costs or fees~ including the work of employees,
CONTRACTORs and subcontractors to CONTRACTOR. Payment to CONTRACTOR shall be
made in accordance with the schedule set forth below.
(b) Payments to CONTRACTOR shall be made by CITY in
accordance with the invoices submitted by CONTRACTOR, on a monthly basis provided CITY
receives all gran' funds applied for by CONTRACTOR, and such invoices shall be paid within a
reasonable time after said invoices are received by CITY. All charges shall be in accordance with
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CONTRACTOR's proposal either with respect to hourly rates or lump sum amounts for
individual tasks. In no event, however, will said invoices exceed 95% of individual task totals
which may be set forth in Exhibit "A." In the event less than the entire amount of grant funds
applied for by CONTRACTOR on CITY's behalf is received, then CONTRACTOR shall be
compensated on a pro-rata basis to the extent any sums remain after CITY has been reimbursed
for any out-of-pocket expenses incurred in connection with this Agreement.
(c) CONTRACTOR agrees that, in no event, shall CITY be
required to pay CONTRACTOR any sum in excess of 95% of the maximum sum payable
hereunder prior to CITY's formal acceptance in writing of CONTRACTOR's work, including
receipt by CITY of all required documents as described herein, acceptable in fann and content to
City. Pinal payment shall be made not later than 60 days after such acceptance by CITY.
(d) Additional services: Payment for additional services
requested, in writing, by CITY, and not included in CONTRACTOR's proposal as set forth in
Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with a fee schedule as
may be mutually agreed upon by CITY and CONTRACTOR. Unless otherwise agreed upon,
charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY
within a reasonable time after said invoices are received by CITY.
4. CITY al!l'ees to orovide to CONTRACTOR:
(a) Information and assistance necessary for CONTRACTOR to
perform those services described in Exhibit "A" hereto.
(b) Copies of all non-privileged documents, if available, which
CONTRACTOR considers necessary in order to perfann the required services.
(c) Assistance, if necessary, in obtaining information from other
governmental agencies and/or private parties. However, it shall be CONTRACTOR's
responsibility to make all initial contact with respect to the gathering of such information.
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5.
OwnershiD of Documents: All documents, data, records, studies,
surveys, drawings, and reports prepared by CONTRACI'OR pursuant to this Agreement shall be
considered the property of CITY and, upon payment for services performed by CONTRACTOR,
such documents and other identified materials shall be delivered to CITY by CONTRACI'OR
upon request by CITY.
6. Termination: This Agreement may be terminated by CITY or
CONTRACTOR upon the giving of a written "Notice of Termination" at least thirty (30) days
prior to the date of termination specified in said Notice. In the event this Agreement is terminated
by CITY without a cause, CONTRACI'OR shall be compensated at CONTRACTOR's applicable
rates as set forth in Exhibit "An on a pro-rata basis with respect to the percentage of the work
completed as of the date of termination. In no event, however, shall CONTRAcroR receive
more than the maximum specified in psragraph 3(a), above. CONTRACI'OR shall provide CITY
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any and all documents, data, records, studies, surveys, drawings, and reports, whether in draft or
final form, prepsred by CONTRACTOR as of the date of termination.
7. Notices and Desilmated Reoresentatives: Any and all notices,
demands, invoices and written communications between the parties hereto shall be addressed as
set forth in this paragraph 7. The below named individuals at the specified addresses, shall be
those persons primarily responsible for the performance by the parties under this Agreement:
CURBSIDE, INC.
Attention: Patrick F. Anderson
1160 N Armando St
Anaheim, Califomia 92806
CITY OF SEAL BEACH
Attention: June Yotsuya
211 8th Street
Seal Beach, California 90740
Any such notices, demands, invoices and written communications, by mail, shall be deemed to
have been received by addressee forty-eight (48) hours after deposit thereof in the United Stales
mail, postage prepaid and properly addressed as set forth above.
8. Insurance: The CONTRACTOR shall neither commence work under
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this contract until it has obtained all insurance required hereunder in a company or companies
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acceptable to CITY nor shall CONTRACTOR allow any subcontrsctor to commence work on its
subcontract until all insurance required of the subcontractor has been obtained. The
CONTRACTOR shall, take out and maintain at all times during the term of this contract the
following policies of insurance:
a. Compensation insurance: Before beginning work, the Contractor
shall furnish to the CITY a certificate of insurance as proof that it has taken out full compensation
insurance for all persons whom the CONTRACTOR may employ directly or through subcon-
tractors in carrying out the work specified herein, in accordance with the laws of the State of
California. Such insurance shall be maintained in full force and effect during the period covered
by this contrsct. Further, such policy of insurance shall provide that the insurer waives all rights
of subrogation against CITY and its elected officials, officers, employees and agents. In
accordance with the provisions of Section 3700 of the California Labor Code, every contractor
shall secure the payment of compensation to his employees. CONTRACTOR, prior to com-
mencing work, shall sign and file with CITY a certification as follows:
"1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be
insured against liability for worker's compensation or to undertake self insurance in accordance with the
provisions of that Code, and I will comply with such provisions before commencing the perfonnance of
work on this contract."
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b. For all operations of the CONTRACTOR or any subcontractor in
perfonning the work provided for herein, insurance with the following minimum limits and coverage:
(I) Commercial General Liability (occurrence) for bodily
injury, death and property damage for products/completed operations, products liability claims,
and any and all other activities undertaken by the CONTRACTOR in the performance of this
Agreement - or-
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(2) Alternative to Commercial General Liability) -
Comprehensive, broad form General Public liability (occurrence) - for bodily injury, death and
property damage arising out of any activities undertaken by CONTRACTOR in the performance
of this Agreement.
(3) Comprehensive Automobile Liability (occurrence) - for
bodily injury, death and property damage insuring against all liability arising out of the use of any
vehicle.
(4) The policies of insurance required in this Section b shall
have no less than the following limits of coverage:
(i) $1,000,000 (One Million Dollars) for bodily injury
or death:
(ii) $1,000,000 (One Million Dollars) for property
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damage:
(iii) The total of the limits specified in subsections (i)
and (ii), above, where a combined single limit is provided.
c. Each such policy of insurance required in paragraphs b.1 through
b.3 shall:
(1) Be subject to no deductible amount unless otherwise provided, or
approved in writing by CITY;
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(2) Be issued by an insurance company approved in writiog by
CITY, which is admitted and licensed to do business in the State of California and which is rated
B+:VII or better according to the most recent A.M. Best Co. Ratiog Guide;
(3) Name as additional insureds the CITY and CITY's elected
officials, officers. employees, attorneys and agents;
(4) Specify that it acts as primary insurance and that no
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Insurance held or owned by the designated additional insureds shall be called upon to cover a
loss under said policy;
(5) Specify that it applies separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability;
(6) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount
of coverage thereof reduced until thirty (30) days after receipt by City of written notice of
cancellation or reduction of coverage as evidenced by receipt of a registered letter."
(7) Specify that any failure to comply with reporting or other
provisions of the required policy, including breaches of warranty, shall not affect the coverage
required to be provided;
(8) Specify that the insurer waives all rights of subrogation
against any of the named additional insureds;
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(9) Specify that any and all costs of adjusting and/or defending
claim against any insured, including court costs and attorney's fees, shall be paid in addition to
and shall not deplete any policy limits; and
(10) Otherwise be in form satisfactory to CITY.
d. Prior to commencing performance under this Agreement, the
CONTRACTOR shall furnish the CITY with original endorsements, or copies of each required
policy, effecting and evidencing the insurance coverage required by this Agreement. The
endorsements shall be signed by a person authorized by the insurer{s) to bind coversge on its
behalf. All endorsements or policies shall be received and approved by the CITY before
CONTRACTOR commences performance. If performance of this Agreement shall extend
beyond one (1) year, CONTRACI'OR shall provide CITY with the required policies or
endorsements evidencing renewal of the required policies of insurance.
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9. Indemnification: CONTRACI'OR shall defend, indemnify and save
hannless CITY, its elected and appointed officials, officers, agents and employees, from all
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liability from loss, damage or injury to persons or property, including the payment by
CONTRAcrOR of any and all legal and attorney's fees, in any manner arising out of
CONTRACTOR's provision of any related equipment and/or otherwise out of the acts and/or
omissions of CONTRACTOR in its performance of this Agreement, including, but not limited to,
all consequential damages, to the maximum extent pennitted by law.
10. Assil!l1ment: No assignment of this Agreement or any part or
obligation of performance hereunder shall be made, either in whole or in part, by CONTRACTOR
without the prior consent of CITY.
1 i. Indeocndent Contractor: The parties hereto agree that CONTRAcrOR
and its employees, officers and agents are independent contractors under this Agreement and shall
not be construed for any purpose to be employees of CITY.
12. Governinl! Law: This Agreement shall be governed by and construed
in accordance with the laws of the State of California.
13. Attornev's Fees: In the event any legal proceeding is instituted to
enforce any term or provision of this Agreement, the prevailing party in said legal proceeding
shall be entitled to recover attorney's fees and costs from the opposing party in an amount
detennined by the court to be reasonable.
14. Entire Al!I'eement: This Agreement supersedes any and all other
agreements, either oral or in writing, between the parties with respect to the subject matter herein.
Each party to this Agreement acknowledges that no representation by any party which is not
embodied herein nor any other agreement, statement, or promise not contained in this Agreement
shall be valid and binding. Any modification of this Agreement shall be effective only if it is in
writing signed by all parties.
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IN WITNESS THEREOF, these parties have executed this Agreement as of the day and the first
year first set forth above:
CITY OF SEAL BEACH,
a Municipal Corporation
CONTRACTOR
City Manager
Title
ATTEST:
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City Clerk
APPROVED AS TO FORM:
City Attorney
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA AUTHORIZING CITY PARTICIPATION IN
THE COUNTY OF ORANGE REGIONAL RECYCLING AND
WASTE DIVERSION GRANT PROGRAM
WHEREAS, the County of Orange has established the Regional Recycling and
Waste Diversion Grant Program:
WHEREAS, the City of Seal Beach has been allocated $20,000 for the
implementation of recycling and wasta diversion programs or actMtles: and
WHEREAS, the City of Seal Beach Intends to use these funds lor a Household
Hazardous Waste Management Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
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Sectlon:l. The City hereby agrees to participate In Orange County's Regional
Recycling and Waste Diversion Grant Program and will use these funds for new
or significantly expanded programs to enhance recycling efforte and divert
mate~als from Orange County landfills. The City hereby agrees to all of the
stated terms and conditions outlined In the Regional Recycling and Waste
Diversion Grant Program documents.
Section 2. The City recognizes the opportunity Orange County has provided
thro~gh this grant program and commends the County lor Its regional leadership
and recycling and wasta diversion activities throughout Orange County.
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the .!1!!Lday of Februarv . 2008 by the
following vote:
AYES: Councllmember
NOES: Councllmember
ABSENT: Councllmember
ABSTAIN: Councllmember
Mayor
ATTEST:
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City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution Is the original copy of Resolution Number _ on
file in the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach at a regular meeting held on the 11 th day of
Februarv ,2008.
City Clerk
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA APPROVING AN AGREEMENT FOR
HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM
BETWEEN THE CITY OF SEAL BEACH AND CURBSIDE, INC.
The City Councfl of the City of Seal Beach hereby resolves as follows:
Section t. The City Council hereby approves the Agreement between Curbside
Inc. for administration of one year household hazardous waste management
program.
Section 2. The Council hereby directs the City Manager to execute the
Agreement with Curbside Inc.
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beach ala regular meeting held on the 11th day of Februarv , 2008 by the
following vote:
AYES: Councilmember
NOES: Councilmember
ABSENT: Councllmember
ABSTAIN: Councilmember
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ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution Is the original copy of Resolution Number
on file In the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach at a regular meeting held on the 11 th day
of Februarv . 2008.
City Clerk
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