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Home My Public Portal About2019.025 (04-02-19) RESOLUTION NO. 2019.025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN THE COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM SITING LIABILITY AGREEMENT AND TO WAIVE PERMIT FEES FOR THE EVENT WHEREAS, the County of Los Angeles and the Los Angeles County Sanitation District has sponsored one-day Household Hazardous Waste (HHW) and Electronic Waste (E-Waste) one-day collection events throughout the County; and WHEREAS, the HHW and E-Waste events provide a free and legal way for Lynwood residents and County residents to dispose of HHW and E-Waste. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. That the City Council agrees to allow the Los Angeles County and the County Sanitation District to use City streets at the corner of Butler Avenue and Bellinger Street and authorizes street closures for the event during the period of May 17, 2018 at 8:00 am to 4:00 pm May 18, 2018. Section 2. That the City Council authorizes the Director of Public Works to sign the Countywide Household Hazardous Waste Collection Program Siting Liability Agreement attached hereto as Exhibit A. Section 3. That the City Council authorizes staff to waive City permit fees for the event that the County of Los Angeles and Los Angeles County Sanitation District may request to be waived. Section 4. That this resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 2nd day of April, 2019. /I Jo Luis Solache, f ayor 1 ATTEST: of Maria Quinonez, City Clerk Jose 0 eteotl, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia, City Atto ney r,*nterim Director of Public Works COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM SITING LIABILITY AGREEMENT This Agreement is made and entered into this 24 bay of N)VEMeeK , 201S 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 the City of Lynwood (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 and electronic 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 on Lynwood City Streets, intersection on Butler Avenue and Bellinger Street, Lynwood for the Roundup. The Roundup is scheduled for March 19, 2016. 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 on Lynwood City Streets, intersection on Butler Avenue and Bellinger Street, Lynwood, beginning March 18, 2016, at 8 a.m. to prepare for the Roundup and to conduct the Roundup to be held on March 19, 2016. The Roundup will be scheduled, advertised, and available to the public between the hours of 9 a.m. and 3 p.m. on March 19, 2016, although household hazardous and electronic waste may be accepted as early as 8 a.m. and as late as 4 p.m. Page 1 of 3 r _ . 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 March 19, 2016, 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 Self-Insurance. 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. 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 which is not intended to be superseded by this Agreement. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly - thorized, by CO NTY SANITATION DISTRICT NO 2 LOS ANGELES COUNTY on r ha t, / ; . 201 and by the COUNTY OF LOS ANGELES on (1 , 2011+ and by the OWNER on V►)\►Z_VY\ 2015 ') COUNTY SANITATION DISTRICT No 2 OF LOS ANGELES COUNTY By C_�=�--'� Chief Engineer and General Manager ORIGINAL APPROVED AS TO FORM LEWIS. BRISBOIS. BISGAARD & SMITH. LLP District Counsel By _ tti COU Y OF LO NGELES By / - Fop-Director of Publ Wo APPROVED AS TO FORM. MARY WICKHA A County duns By: � Deputy City of Lynwood • By=1 APPROVED AS TO FORM 3 -r 1.N kk- Print Name (OWNER COUN EL) ByPAN \ Title fm P\F ppub\EA,EA,I14IMLA`2016\L ynwood\Lynwood 16agr Page 3 of 3 • °f kceres COUNTY OF LOS ANGELES } -=`' '�f�j '�i' DEPARTMENT OF PUBLIC WORKS k`� = f • 'To Enrich Lives Through Effective and Caring Service' - 900 SOUTH FREMONT AVENUE ALHAMBRA,CALIFORNIA 91803.1331 GAIL FARBER,Director Telephone:(626)458-5100 http:/ldpw.hicounly.gov ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA,CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE EP-3 October 26, 2015 City of Lynwood 11330 Bullis Road Lynwood, CA. 90262-3665 Dear Site Owner: COUNTYWIDE HOUSEHOLD HAZARDOUS AND ELECTRONIC WASTE COLLECTION PROGRAM SITE LIABILITY AGREEMENT CERTIFICATE OF INSURANCE • - Please accept our certification that self-insurance will apply with respect to the liabilities assured.by the County under the subject agreement. This coverage is in effect only for the dates and locations specified in the certificate. You must report any claim or demand immediately in order not to jeopardize your coverage. Please do not hesitate to call the County of Los Angeles, Chief Executive Office, Risk Management Operations at (213) 351-5354 if you need further information. Sincerely, GAIL FARBER Director of Public Works DAN LAFFERTY • Assistant Deputy Director Environmental Programs Division fm P:leppu blea\ealhhwV aV ynwoodlLyn wood 16 ttr m rrrr` • COUNTY OF LOS ANGELES:CERTIFICATE OF SELF-INSURANCE County Department or Agency: County of Los Angeles Department of Public Works Subject Agreement or County Household Hazardous and Electronic Waste Collection Program Name: Program Site Liability Agreement Event Location: Lynwood City Streets Butler Avenue and Bellinger Street,Lynwood CA. 90262 Date(s)of Event: March 19, 2016 County Program Coordinator: Francisca Mandujano Telephone and Fax Numbers: Phone: (626)458-3585 Fax:(626)458-3569 Between the County of Los Angeles and: Name of Requesting Party: City of Lynwood Mailing Address: 11330 Bullis Road, Lynwood CA.90262-3665 Contact Person& Telephone: Ms.Lorry Hempe(310)603-0220, Ext.500 This Certificate of County Self-Funding of Insurance Obligation (Certificate) is the County of Los Angeles' (County) authorized statement that it has elected to self-fund its financial obligations pursuant to the above Agreement. This self-funding of liability is limited to, and determined solely by the terms of the Agreement,and applies only to the extent permitted by State Law. This Certificate is provided for informational purposes only and does not affect or expand any of the County's obligations pursuant to the Agreement. This Certificate also confirms that the County is not an insurance company and that no insurance obligation or relationship exists or will be established in any manner between the County and City of Lynwood. The County is permitted to self-fund its liabilities arising from acts or omissions of the County and its appointed and elected officers, employees, and volunteers (except for actual fraud, corruption or malice) under California Government Code Section 989-991.2, County Code Chapter 5.32, and Articles 1 and 2 of the County Charter. The liabilities that the County self-funds include general and automobile liability and workers'compensation. Any questions concerning this Certificate should be directed to the Chief Executive Office, Risk Management Branch, Risk Management Operations at (213) 351-5354. Claims for damages concerning this Agreement must be filed in writing with the Executive Office of the Board of Supervisors, at the Kenneth Hahn Hall of Administration, 500 West Temple Street, Room 383, Los Angeles, CA 90012. For further information,or In event of claim,contact the following: Certified by: County of Los Angeles,Chief Executive Office • ' . Risk Management Branch, Risk Management Operations c)C. 3333 Wilshire Blvd,Suite 820, Los Angeles,CA 90010 Phone: (213)351-5354 Fax: (213)252.0404 Laurie Milhiser Assistant Chief Executive Officer Coverage Effective: March 18,2016,to March 19,2016 Date Issued: October 26,2015 LM:LP SG