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HomeMy WebLinkAboutE-9 Staff Report - Acceptance of Funding From CalTrans for Clean CA Community DayCONSENT ITEM E-9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL V IA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: FEBRUARY 6, 2023 SUBJECT: ACCEPTANCE OF FUNDING FOR CLEAN CALIFORNIA COMMUNITY DAY EVENTS FROM CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) BACKGROUND: Governor Gavin Newsom’s Clean California initiative is a multi-year clean-up effort led by the Department of Transportation (Caltrans) in partnership with local governments, to revitalize California streets and public spaces through trash removal from state highways, litter abatement and fund local beautification projects. As part of the litter collection component, Caltrans will provide up to $17,000 funding for two Dump Day events in Azusa where residents, at no charge, can dispose of household waste safely and properly. RECOMMENDATION: Staff recommends the City Council take the following actions: 1)Authorize the City Manager to sign two agreements between the City of Azusa and State of California Department of Transportation (Caltrans) in a form acceptable to the City Attorney; 2)Accept the funding from Caltrans for two Clean California Community Day Events in amount not-to-exceed $17,000; and 3) Approve necessary budget amendment and adjust the current fiscal year budget accordingly. ANALYSIS: “Clean California Community Day-Spring into Action,” a statewide call-to-action encouraging litter removal, tree planting, and cleanup events across the State, will be celebrated on March 25, 2023. As part of the program, Caltrans District 7 is accepting Pledges from Los Angeles and Ventura County residents and organizations who are committing to do their part of picking up litter within their respective communities for the period March 17-27, 2023. The City is helping promote APPROVED CITY COUNCIL 2/9/2023 Acceptance of Funding from Caltrans February 6, 2023 Page 2 the program in its digital platforms and Public Works will pick up bagged trash collected by participating organizations during their cleanup day. Participating organizations will also be recognized with a certificate of appreciation in a City Council meeting. To promote Governor Newsom’s initiative, Caltrans will reimburse the City 100% of its cost for, including but not limited to, labor, equipment and/or dumping fees expended for Dump Day Events up to the maximum amount for each agreement: Dump Day Event Agreement 1: Tire Collection: March 18, 2023, 8 AM-12 PM, Azusa Public Works Yard Currently, the City of Azusa’s solid waste contract does not include collection of used tires. Tire recycling is offered through the Los Angeles County Public Works waste tire events rotated to different County areas for residents to drop off tires for free. Caltrans will fund up to $10,000 for this one-day event where Azusa residents can drop off up to 8 used tires per household. Dump Day Event Agreement 2: Spring Cleaning: April 15, 2023, 8 AM-12 PM, Azusa Public Works Yard As part of April Clean & Green events, Azusa residents doing spring cleaning may drop off bulky waste or bagged trash that won’t fit in their regular trash barrels at Azusa Public Works Yard. Household hazardous waste will not be accepted. Caltrans will provide up to $7,000 that will offset staff overtime and other expenses during the event. Athens Services will provide 40-yard roll offs for free. Both events are scheduled on third Saturday of the month to coincide with electronic waste collection days so residents can drop off their e-waste at the same time. Since household hazardous waste needs special handling, a collection event has been scheduled at Veolia Environmental Services facility, 107 S. Motor Avenue, on April 8, 2023. Dump Day Events and April Clean & Green will be advertised through the City’s digital platforms and trash bill inserts. FISCAL IMPACT: There is no fiscal impact associated with the recommended actions. Upon acceptance of funding, Finance will amend the FY 2022-2023 budget consistent with funding amount. Prepared: Reviewed and Approved: Liza Sagun Robert Delgadillo, P.E. Environmental Programs Specialist Director of Public Works/City Engineer Reviewed and Approved: Reviewed and Approved: Marco Martinez Sergio Gonzalez Best Best & Krieger LLP City Manager Acceptance of Funding from Caltrans February 6, 2023 Page 3 Attachments: 1) Dump Day Agreement 1 2) Dump Day Agreement 2 3) Clean CA Community Day Flyer DUMP DAY EVENT AGREEMENT THIS AGREEMENT is made this 30th day of January, 2023, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as CALTRANS; and the City of Azusa, hereinafter referred to as “LOCAL AGENCY”; and collectively referred to as “PARTIES.” The Clean California initiative is a multiyear clean-up effort led by CALTRANS to keep roads and waterways free of litter, create thousands of jobs, and transform state and local public spaces through beautification efforts. As part of the litter collection component, CALTRANS is proposing free dump day events where the public can dispose of household waste safely and properly for free (Dump Day events). CALTRANS and LOCAL AGENCY, agree to provide free Dump Day events for LOCAL AGENCY’s residents as part of the Clean California initiative. PARTIES are authorized to enter into an agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130. PARTIES MUTALLY AGREE TO DO THE FOLLOWING: 1.PARTIES shall publicize Dump Day events by informing the public that they may dispose of certain household waste items safely and properly for free, at the following locations and dates: •(March 18, 2023) between (8 AM to 12 PM) at the (Azusa Public Works Yard, 809 N. Angeleno Avenue, Azusa CA 91702) 2.CALTRANS agrees to reimburse the LOCAL AGENCY 100% (one hundred percent) of cost for, including but not limited to labor, equipment and/or dumping fees expended for Dump Day events (Dump Day Costs) up to the maximum Contract Sum stated in this Agreement. 3.CALTRANS has agreed to reimburse LOCAL AGENCY, an amount not to exceed $10,000 to fulfill its obligations under this AGREEMENT. 4.CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature and the State Budget Act authority. 5. Based on the amount of trash collected during the Dump Day events, LOCAL AGENCY shall send its invoices to CALTRANS within 45 days of the Dump Day event for the latter’s share of the Dump Day Costs. Attachment 1 6. LOCAL AGENCY shall send invoices to the Caltrans District Clean CA District (xx) Coordinator. The itemized invoice shall contain the following: (a) STATE’s Clean California Program Code: CLEANCADMP; (b) AGREEMENT number; (c) Date(s) of services; (d) Location of services; (e) Number of hours and hourly rates; (f) Receipts for trash disposal; (g) Receipts for equipment, materials, and supplies; and (h) LOCAL AGENCY’s Performance Report that includes tonnage and/or cubic yard measurement of litter/debris disposed. CALTRANS «John Zaki », «Clean CA Contract Manager «100 S. Main St » «Los Angeles», CA «90012» Office Phone: «(213)269-1275» Mobile Phone: «(213)269-1275» Fax Number: «Caltrans contact fax» Email: «John.Zaki@dot.ca.gov» CITY OF AZUSA contact is the following: «Liza Sagun, «Environmental Programs Specialist» «213 E. Foothill Boulevard» «Azusa», «CA» «91702» Office Phone: «626-812-5109» Mobile Phone: «Party contact mobile phone» Fax Number: «626-334-3163» Email: «lsagun@azusaca.gov» 7. Upon review and approval of invoice by the District Clean California Coordinator, CALTRANS shall pay LOCAL AGENCY within forty-five (45) calendar days of receipt of invoices. Payment will be made in accordance with the CA Prompt Payment Act, and within the time specified in Chapter 4.5, sections 927-927.13 of the Government Code. 8. When publicizing the Dump Day events, PARTIES shall inform the public that no hazardous materials will be accepted at the Transfer Stations/Landfills. However, if LOCAL AGENCY accepts hazardous materials, it shall do so at its own risk and responsibility and CALTRANS shall not pay disposal fees for such hazardous material. 9. Participating members of the public will be responsible for legally transporting waste to the Dump Day event. 10. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the services under this AGREEMENT including refuse intake inspection by staff qualified to identify hazardous materials, transportation, loading and unloading, and handling of Dump Day refuse. 11. CALTRANS does not accept nor take any responsibility for generation of any waste streams, including hazardous materials, associated with the Dump Day event(s). 12. All services performed by LOCAL AGENCY pursuant to this AGREEMENT are intended to be performed in accordance with all applicable Federal, State and LOCAL AGENCY laws, ordinances, and regulations. In case of a conflict between Federal, State and LOCAL AGENCY laws, ordinances, or regulations, the order of precedence applicability of these laws shall be Federal, State and then LOCAL AGENCY laws and regulations, respectively. 13. The total amount CALTRANS will reimburse to LOCAL AGENCY pursuant to this AGREEMENT shall not exceed $10,000 (“Contract Sum”). Costs incurred by LOCAL AGENCY for PROJECT work under this AGREEMENT in excess of the Contract Sum will be borne by LOCAL AGENCY. It is understood and agreed that this AGREEMENT fund limit is an estimate, and that CALTRANS will only reimburse the actual cost of services rendered as authorized by the CALTRANS Contract Manager or designee at or below the fund limitation amount set forth in this AGREEMENT. 14. This AGREEMENT may only be amended or modified by mutual written agreement of the PARTIES. 15. This AGREEMENT will end on June 30, 2024. This AGREEMENT may be terminated by the PARTIES upon mutual written agreement. In the event of a termination CALTRANS will reimburse LOCAL AGENCY all allowable, authorized, and non- cancellable obligations and costs incurred by LOCAL AGENCY prior to the termination. 16. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, general public, and/or its agents under or in connection with any work (including hazardous materials), authority, or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. It is understood and agreed that LOCAL AGENCY, to the extent permitted by law will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, general public, and/or its agents under this AGREEMENT. PARTIES will continue to work together to plan future events. PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenant to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically. ____________________ __________ ____________________ __________ Godson Okereke Date Sergio Gonzalez Date Deputy District Director Maintenance City Manager, City of Azusa Caltrans District 7 DUMP DAY EVENT AGREEMENT THIS AGREEMENT is made this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as CALTRANS; and the City of _Azusa_________, hereinafter referred to as “LOCAL AGENCY”; and collectively referred to as “PARTIES.” The Clean California initiative is a multiyear clean-up effort led by CALTRANS to keep roads and waterways free of litter, create thousands of jobs, and transform state and local public spaces through beautification efforts. As part of the litter collection component, CALTRANS is proposing free dump day events where the public can dispose of household waste safely and properly for free (Dump Day events). CALTRANS and LOCAL AGENCY, agree to provide free Dump Day events for LOCAL AGENCY’s residents as part of the Clean California initiative. PARTIES are authorized to enter into an agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130. PARTIES MUTALLY AGREE TO DO THE FOLLOWING: 1.PARTIES shall publicize Dump Day events by informing the public that they may dispose of certain household waste items safely and properly for free, at the following locations and dates: •April 15, 2023 between (8 AM to 12 PM) at the (Azusa Public Works Yard, 809 N. Angeleno Avenue, Azusa CA 91702) 2.CALTRANS agrees to reimburse the LOCAL AGENCY _100__% (100__ percent) of cost for, including but not limited to labor, equipment and/or dumping fees expended for Dump Day events (Dump Day Costs) up to the maximum Contract Sum stated in this Agreement. 3.CALTRANS has agreed to reimburse LOCAL AGENCY, an amount not to exceed ([$7,000]) to fulfill its obligations under this AGREEMENT. 4. CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature and the State Budget Act authority. 5. Based on the amount of trash collected during the Dump Day events, LOCAL AGENCY shall send its invoices to CALTRANS within 45 days of the Dump Day event for the latter’s share of the Dump Day Costs. Attachment 2 6. LOCAL AGENCY shall send invoices to the Caltrans District Clean CA District (07) Coordinator. The itemized invoice shall contain the following: (a) STATE’s Clean California Program Code: CLEANCADMP; (b) AGREEMENT number; (c) Date(s) of services; (d) Location of services; (e) Number of hours and hourly rates; (f) Receipts for trash disposal; (g) Receipts for equipment, materials, and supplies; and (h) LOCAL AGENCY’s Performance Report that includes tonnage and/or cubic yard measurement of litter/debris disposed. CALTRANS «John Zaki », «Clean CA Contract Manager «100 S. Main St» «Los Angeles», CA «90012» Office Phone: «(213)269-1275» Mobile Phone: «(213)269-1275» Fax Number: «Caltrans contact fax» Email: «John.Zaki@dot.ca.gov» CITY OF AZUSA contact is the following: «Liza Sagun», «Environmental Programs Specialist» «213 E. Foothill Boulevard» «Azusa», «CA» «91702» Office Phone: «626-812-5109» Mobile Phone: «Party contact mobile phone» Fax Number: «626-334-3163» Email: «lsagun@azusaca.gov» 7. Upon review and approval of invoice by the District Clean California Coordinator, CALTRANS shall pay LOCAL AGENCY within forty-five (45) calendar days of receipt of invoices. Payment will be made in accordance with the CA Prompt Payment Act, and within the time specified in Chapter 4.5, sections 927-927.13 of the Government Code. 8. When publicizing the Dump Day events, PARTIES shall inform the public that no hazardous materials will be accepted at the Transfer Stations/Landfills. However, if LOCAL AGENCY accepts hazardous materials, it shall do so at its own risk and responsibility and CALTRANS shall not pay disposal fees for such hazardous material. 9. Participating members of the public will be responsible for legally transporting waste to the Dump Day event. 10. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the services under this AGREEMENT including refuse intake inspection by staff qualified to identify hazardous materials, transportation, loading and unloading, and handling of Dump Day refuse. 11. CALTRANS does not accept nor take any responsibility for generation of any waste streams, including hazardous materials, associated with the Dump Day event(s). 12. All services performed by LOCAL AGENCY pursuant to this AGREEMENT are intended to be performed in accordance with all applicable Federal, State and LOCAL AGENCY laws, ordinances, and regulations. In case of a conflict between Federal, State and LOCAL AGENCY laws, ordinances, or regulations, the order of precedence applicability of these laws shall be Federal, State and then LOCAL AGENCY laws and regulations, respectively. 13. The total amount CALTRANS will reimburse to LOCAL AGENCY pursuant to this AGREEMENT shall not exceed $7,000] (“Contract Sum”). Costs incurred by LOCAL AGENCY for PROJECT work under this AGREEMENT in excess of the Contract Sum will be borne by LOCAL AGENCY. It is understood and agreed that this AGREEMENT fund limit is an estimate, and that CALTRANS will only reimburse the actual cost of services rendered as authorized by the CALTRANS Contract Manager or designee at or below the fund limitation amount set forth in this AGREEMENT. 14. This AGREEMENT may only be amended or modified by mutual written agreement of the PARTIES. 15. This AGREEMENT will end on June 30, 2024. This AGREEMENT may be terminated by the PARTIES upon mutual written agreement. In the event of a termination CALTRANS will reimburse LOCAL AGENCY all allowable, authorized, and non- cancellable obligations and costs incurred by LOCAL AGENCY prior to the termination. 16. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, general public, and/or its agents under or in connection with any work (including hazardous materials), authority, or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. It is understood and agreed that LOCAL AGENCY, to the extent permitted by law will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, general public, and/or its agents under this AGREEMENT. PARTIES will continue to work together to plan future events. PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenant to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically. ____________________ __________ ____________________ __________ Godoson Okereke Date Sergio Gonzalez Date Deputy District Director Maintenance City Manager, City of Azusa Caltrans District 7) CALL-TO-ACTION PLEDGE Los Angeles & Ventura Residents SPRING INTO ACTION Join the movement! Be part of something bigger than yourself! You can help transform your neighborhood! Be the reason for a cleaner community and cleaner California! Celebrating, Activating & Educating Californians on the Importance of Taking Pride in their Communities! WHO Caltrans District 7 is accepting Pledges from Los Angeles and Ventura County residents who are committing to do their part of picking up litter (in any large/small amount) within their respective communities between March 17-27, 2023. WHAT Governor Newsom’s “Clean California Community Day — Spring into Action” is a call-to-action encouraging litter removal, tree planting, and cleanup events across the state. WHERE Everywhere in the state of California (Los Angeles and Ventura counties). All cities, communities, neighborhoods, blocks, and all residents. WHEN March 25, 2023, is “Clean California Community Day — Spring into Action.” WHY To celebrate, activate, and educate Californians on the importance of taking pride in their communities and keeping California Clean. WHAT ELSE Pledge your commitment to host a neighborhood cleanup or to remove litter near your home by emailing Allison Queen, Clean California Public Information Officer, Caltrans D-7 (Allison.queen@dot.ca.gov)or by calling (213) 269-0746. THE PLEDGE Neighborhood clean-ups are as simple as you, your family, friends, neighbors, co-workers, pledging or promising to pick up litter (at or near their respective homes, businesses, apartment complex, block, street, nearby park, anywhere) between March 17-27, 2023, and emailing a photo of yourself or your team removing litter to be shared with Governor Newsom. We will be providing “Litter Cleanup Kits” and other collateral for volunteers who pledge to remove litter during this period on a first come first serve basis. For additional information, visit CleanCA.com.