The URL can be used to link to this page

Home My WebLink AboutE-8 Staff Report - Acceptance of Funding From CalTrans for Dump Day EventsCONSENT ITEM E-8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: JULY 17, 2023 SUBJECT: ACCEPTANCE OF FUNDING FOR DUMP 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. The City of Azusa was awarded up to $17,000 in reimbursement funding for hosting two Dump Day events in FY 22/23. Caltrans is partnering again with the City for another round of Dump Day events in FY 23/24 with proposed funding of $10,000. RECOMMENDATION: Staff recommends the City Council take the following actions: 1) Authorize the City Manager to sign the agreement between the City of Azusa and the State of California Department of Transportation (Caltrans) in a form acceptable to the City Attorney; and 2)Accept the funding from Caltrans for three Dump Day Events in an amount not-to-exceed $10,000. ANALYSIS: The City of Azusa participated in “Clean California Community Day-Spring into Action” Dump Day events, a statewide call to action encouraging litter removal, tree planting, and cleanup events across the State in March 2023. Dump Day events are part of Governor Newsom’s multi-year clean- up effort led by Caltrans to provide people the opportunity to dispose of items properly at no charge. Caltrans provided up to $17,000 in funding for two Dump Day events as part of the litter removal component. Caltrans is partnering again with the City of Azusa to provide residents an opportunity Approved City Council July 17, 2023 Acceptance of Funding from Caltrans July 17, 2023 Page 2 to dispose of household waste safely and properly free of charge for FY 23/24 and will fund up to $10,000 for three events. Dump Day events are scheduled for September 16, 2023, December 16, 2023, and June 15, 2024. All events will be from 8 AM – 12 PM at the Azusa Public Works Yard, 809 N. Angeleno Avenue, Azusa, CA 91702. FISCAL IMPACT: There is no fiscal impact associated with the recommended actions. City expenses for Dump Day events will be reimbursed up to $10,000. Prepared: Reviewed and Approved: Liza Sagun Robert Delgadillo, P.E. Environmental Programs Specialist Director of Public Works/City Engineer Fiscal Review by: Reviewed and Approved: Talika Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachment: 1) Azusa-Caltrans Dump Day Agreement DUMP DAY EVENT AGREEMENT THIS AGREEMENT is made this 17th day of July 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 a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130. PARTIES MUTUALLY 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: •September 16, 2023, between 8 AM to 12 PM at the Azusa Public Works Yard, 809 N. Angeleno Avenue, Azusa CA 91702 •December 16, 2023, between 8 AM to 12 PM at the Azusa Public Works Yard, 809 N. Angeleno Avenue, Azusa CA 91702 •June 15, 2024, between 8 AM to 12 PM at the Azusa Public Works Yard, 809 N. Angeleno Avenue, Azusa, CA 91702 1Dates and times in the locations identified above is to be determined and mutually agreed upon in writing (sample attached as Exhibit A) by authorized representatives of the PARTIES. 2.CALTRANS agrees to reimburse the LOCAL AGENCY 100% (one hundred percent) of cost for, including but not limited to 2labor, 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. 1 Remove language if dates and times are determined at the execution of the agreement. This language is to only be used if dates and times are to be determined after the execution of this agreement. 2 Any specific item highlighted that will not be reimbursed by Caltrans can be removed. Additional language CANNOT be added, and existing language CANNOT be changed, only removed. Attachment 1 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. 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, Contract Manager 100 S. Main StreetLos Angeles, CA 90013 Office Phone: (213) 269-1275 Mobile Phone: (213) 269-1275 Fax Number: N/A Email: john.zaki@dot.ca.gov LOCAL AGENCY 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 (07) Approved as to Form: __________________ Best Best & Krieger, LLP City Attorney