Loading...
HomeMy WebLinkAboutCity of Westminster - 1996-02-050 - "" `-- 1 -0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITYCLERK March 4, 1996 Mary Lou Morey, City Clerk City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 CALIFORNIA 92648 The City Council of the City of Huntington Beach at their meeting held February 5, 1996, approved the Intergovemmental Service Agreement Between the City of Huntington Beach and the City of Westminster to Collect and Dispose of Hazardous Materials. Enclosed is an original executed agreement for your records. If you have any questions regarding this matter, please call the City Clerk's Office at (714) 536-5227. Sincerely, Connie Brockway, City Clerk cc: Les Jones, Public Works Director Don Noble, Maintenance Operation Manager gafollowup%grmt (Telephone: 714-538.52271 0 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF WESTMINSTER TO COLLECT AND DISPOSE OF HAZARDOUS MATERIALS This Agreement ("Agreement") is made and entered into this 5th day of Februa 1996, by and between the City of Huntington Beach ("City"), a municipal corporation of the State of California, and the City of Westminster ("Agency"), a municipal corporation of the State of California. City agrees to collect and dispose of hazardous materials dumped on public property within the Agency as required by the Agency. TERM The term of this Agreement is 2/5196 through 12/31/96 , inclusive. This service agreement shall remain in force after the first year unless terminated in writing by either party with a thirty (30) day written notice thereof. 2. COVERED SERVICES City agrees to collect and dispose of hazardous materials dumped on public property within the city limits of Agency provided the equipment is available and comply with all state and federal regulations in performance of such services. Hazardous materials are those chemicals or substances which are physical hazards or health hazards and classified in Article 80 of the Uniform Fire Code whether the materials are in usable or waste condition. 3. INDEMNIFICATION AND HOLD HARMLESS Agency agrees to indemnify, defend and hold City, and its City Council, officers, employees, and agents harmless from any and all liability, suit, cause of action, loss, cost or damage arising out of the negligent performance of this Agreement by Agency, its City Council, officers, employees, or agents. City agrees to indemnify, defend and hold Agency, Agency's City Council, officers, employees, and agents harmless from any and all liability, suit, cause of action, loss, cost or damage arising out of the negligent performance of this Agreement by City, its City Council, officers, employees, or agents. 31k1westhaz12121196 4. FINANCIAL PROVISIONS A. City shall bill Agency for its actual and direct costs incurred in providing services herein (not to exceed the standard rates used by the Department of Public Works for equipment, labor, and materials and disposal fees) which are charged to the City by outside agencies and/or private contractors plus and additional thirty three and one third percent (33 1/3%) for overhead and indirect expenses. B. In addition to the amount stated above, Agency agrees to pay its proportionate share of the City's special Insurance overhead costs up to the amount of $6,500 per year. Subject to the limits stated herein, Agency's proportionate share of City's special insurance overhead cost shall be the amount arrived at by dividing the total amount paid by City for such special insurance by the number of agencies or entities contracting with City for hazardous waste removal services. C. City shall bill to the mailing address listed below all charges as they are incurred, and Agency shall pay each bill within thirty (30) days of receipt thereof. The- billing address of Agency Is: City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 5. NOTICES Any notice or special instructions required to be given In writing under this Agreement shall be given either by personal delivery to Agency or to City, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid and depositing the same in the United States Mail addressed as follows: TO CITY: City of Huntington Beach Public Works 2000 Main Street Huntington Beach, CA 92648 6. CAPTIONS TO AGENCY: City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall In no way be held to explain, modify, amplify or aid In the interpretation, construction or meaning of the provisions of this Agreement. 2 3MMthW1 a2M 7. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The forgoing sets forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CITY OF WESTMINSTER By City Man ger TTEST: ity Clerk CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: r City Clerk MM APPROVED AS TO FORM: City Attomey g '6 2 irl �- /A')-7- SS KTA-7=7 8rr� 3 P Council Meeting Date: February 5, 1996 Department ID Number: 71 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM UBMITTED BY: PREPARED BY: SUBJECT: MICHAEL T. UBERUAGA, City Admini LES M. JONES II, Director of Public Works INTER -GOVERNMENTAL SERVICE AGIREEM WITH THE CITY OF WESTMINSTER II Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) II Statement of Issue: The City of Westminster is requesting Huntington Beach staff to collect and dispose of hazardous materials spilled in Westminster. Funding Source: The City must obtain insurance to cover the liability of collecting and transporting hazardous materials spilled outside the city limits. Pursuant to Section Four, Financial Provisions, of the attached agreement, the City of Westminster has agreed to pay $6,500 toward the cost of liability insurance. Recommended Action: Approve the attached Inter -Governmental Service Agreement between the cities of Huntington Beach and Westminster. Alternative Action(s): Deny approval of service agreement. Analysis: City staff is continuing to explore the feasibility of cost effective regionalized service agreements. Most recently, Public Works staff has been promoting, among other services, the City's "top-notch" Haz-Mat Program. Attached for Council review and approval is an agreement with the City of Westminster to collect and transport hazardous materials spilled in Westminster. Environmental Status: NIA Attachments(s): PAGE NUMBER 1. Inter -Governmental Agreement with Westminster 23ACA .2- 1/22/96 2:21 pm C7 of Mrstminster CIVIC CENTER 8200 WESTMINSTER BOULEVARD WESTMINSTER, CALIFORNIA 92683 714 CODE 898-3311 November 28, 1995 Mr, Don Noble Maintenance Operation Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: Intergovernmental Service Agreement for Collection and Disposal of Hazardous Materials Dear Mr. Noble: At its regular meeting on November 14, 1995, the City Council received for consideration and unanimously approved entering into an Intergovernmental Service Agreement with the City of Huntington Beach for the collection and disposal of hazardous materials. Enclosed are four signed copies of the agreement. Based upon our discussion at a recent meeting with Orange County Fire Authority Battalion Chief Hunter, you plan to have this agreement on the Huntington Beach City Council's agenda in December. In addition, we had mutually agreed that if the agreement is approved in time, that the term of the agreement should be for one year, commencing January 1, 1996 through December 31, 1996. After the agreement has been received and approved by Huntington Beach's City Council and has been executed by the proper representatives of the City, please return two fully executed copies to my office. We look forward to working with you on this matter. Please forward the DRUG USE IS AB • telephone number contacts and procedures for calling out your staff, prior to the proposed kick off of the agreement on January 1, 1996. If you have any questions or concerns, I can be reached at extension 218. Sincerely, PUBLIC WORKS DEPARTMENT Don Vestal Public Works Director/Deputy City Manager DVlvap cc: City Clerk Chief Hunter Finance Dept.