HomeMy WebLinkAboutContract 45142 �JTy SE
CRET ARY
CONTRAC7'Plot Z...
iNTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2014
Bedford
OFFICIAL RECORD
CITY SECRETARY
FT. WORTHI ?X
V ED NOV 2 2013
RECEIVED NGV 2 0 20;5,
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HI AZARD,OUS WASTE FROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth,, Texas, a h!ome-rule
municipal corporation situated 'in Tarrant, Denton, Parker, and Wise Counties, Texas,
hereinafter called "Fort Worth," acting by and through Fernando Costa,, its diully authorized
Assistant City Manager and the Gity of Bedford I hereinafter referred to as
fit Participating City" and located 'in Tarrant County, Texas acting herein by and
th,rough -Beverly,Griffith, its, duly authorized cit�Manager
(Name) ('Title)
DELIVERY OF NOTICES
Any notices required to be given under this Agreement shall be delivered as follows.
If to Fort Worth:
Michael A. Gangs,, Assistant, Director
TRW—Environmental Management Division
City of Fort Worth
1000 Throckmorton,
For Worth, Texas 76102
If to Parti,ci pati a.* I Cft .-
ng y
Beverly Griffith, City Manager
City of Bedford
2000 Forest Ridge Drive
Bedford, Texas 76021
OPERATIONAL CONTACT'S
Participating City's Operational Contact Persons:
Designated person is: Dion Henderson telephone number: 817-952-2308
Mobile phone number(24-hour)where he or she can be reached: 8174113-0582
Email Address: don.henderson@bedfordtK.gov
Alternate person, is Mirenda Walden telephone number: 817-95,2-2107
Mobile phone number(24-hour)where he or she can be reached: 817-706-6883
Email, Address, mirend,a.waiden ordtx.gov
biter oval AgreementHousehold Hazardous Waste Program Page 2 of 21
wf
V100"'U SHE R UTILIZATION
The' Participating City:
DOES wish to use a voucher system for its residents visiting the ECC or a mobile event.
DOES NOT wish to use a voucher system for its residents visiting the LC C or a mobile
event.
If a voucher system will be used only residents with an official voucher provided by Participafing
City will be allowed to drop wastes off at the E or at mobile events in Participating City., A
copy of the offlic'I'al voucher must be attached to thi's agreement.
I'NVO�ICE DELIVERY
Invoices to Participating City shall be delivered to-,
Don Henderson
Name
Depallment of Community S rices
Department(if applimble)
2000 Forest Ridge Drive
Street Address PO Box
Bedford, Texas 76021
City,State,ZIP
don.henderson be fordtx. ov
ernall address for billing questions and correspondence
Participating City shall notify Fort Worth in writing if the above contact information changes
during the term of thilis Agreement,.
Remainder of this page intentionally left blank
Interlocial Agreement-Household Hazardous Waste Program Page 3 of 21
WITN ESISE,TH
WHEREAS, Texas Government Code, Chapter 791, authorizes, the formulation of i�nterlocal
cooperation, agreements between and among local governments; and
WHEREAS, Texas Government Code,, §791.011 provides that a local government may contract
with another local government to perform governmental functions and services, and
§7g1.003 3)1( defines waste d'�isposa,l as a governmental function and" service; and
WHEREAS, Texas Government Code,, §791.025 pirov,ides, that a local government may agree
with another local government'to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement
whereby Fort Worth will purchase the services of waste disposal/recycling firm or firms, and
will administer a household hazardous,waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of
I
Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
DEFINITIONS
A. Unless. a provision in this Agreement elx,pl�iciitly states, otherwwise, the follllowing terms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation,
of'the forces: of nature, uncontrolled or uninfluenced by the power of humans and without
human intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (Etc), means, the City of Fort Worth, TPW-
Environmental Management Division facility located at 64010 Bridge Street, Fort Worth)
Texas,, which is to be usedi by Fort Worth for the aggregation of household hazardous
wastes that have been brought to the facility by participating cities' households for
subsequent recycling,, disposal, and/or reuse.
Environmental darrines means alll claims, judgments, damages, losses, penalties, fines,
liabilities (including strict liability), encumbrances, liens,, costs, and expenses of
investigiation, and defense of any claim, whether or not such claim is, ultimately defeated,
and of any good faith settlement or judgment, of whatever kind or nature, contingent or
otherwiise, matured or un-matured,1 foreseeable or unforeseeable, including without
limitation reasonable attorney's fees, and disbursements and consultant's, fees, any of
which are incurred subsequent to the e!xecut,ioln of this Agreement as a result of the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of waste pursuant to this Agreement, or the existence of a violation of environmental
requirements pertaining to same, and including without limitation:
Interlocal Agreement—Household Hazardous Waste Program Page 4 of 21
(a) Damages for personal injury and death, or injury to property, or natural resources,,
(b) Fees 'incurred for the services of attorneys,I consultants, contractors, experts,
laboratories and all other costs incurred in connection with the 'investigation or
remediation of such wastes or violation of envlironmental' requirements including,
but not limited to the preparation of any feasibility studies or reports or the
performance of any cleanup, remediation, removal, response, abatement,
containment, closure,: restoration or moinii,to:rinig work required by any federal,
state or local governmental agency or political subdivision, or otherwise
expended in connection with the existence of such wastes or violations of
environmental requirements, and including without limitation any attorney's, fees,
costs and expenses incurred in enforcing this Agreement or collecting any sums
due hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or
agency for costs expended in connection with the items, referenced in
subparagraph (b) herein.
Environmental reguirements means all applicable present and future statutes,
regulations,, rules, ordinances, codes,, licenses,, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental agencies,
departments, commissions, boards, bureaus, or 'Instrumentalities of' the United States,
states, and political subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection of human health or
the environment, including without limitation:
(a) All requirements, including but not limited to those pertaining to reporting,
licensing, permitting, Investigation, and re mediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants)
contaminants, or hazardous or toxic substances,I materials, or wastes whether
solid, liquid, or gaseous, in nature, into the air, surface water, groundwater, storm
water, or land, or relating to the manufacture, processing, distribution, use,
treatment, storage,, displosal�, transport, or handling of pollutants, contaminants, or
hazardous or toxic substances, materials,, or wastes, whether solid, liqiu!id, or
gaseous in nature; and'
(b) All requirements pertaining to the protection of the health and safety of
employees or the public.
Force rna`eure means decrees of or restraints by a governmental instru mentality other
than the Parties, acts of God, work stoppages due to labor disputes or strikes, failure of
Fort Worths contractor(s) to perform pursuant to their agreements with Fort Worth for
the conduct of the collection of household hazardous waste, fires, explosions,
epidemics,, floods,, extreme weather,, riots, war, rebellion, and sabotage.
Household hazardous waste (H,HW) means any solid waste generated in a household by
a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would
be classified as a hazardous waste under 40 C Part 261.
Interlocal Agreement .Household: Hazardous Waste Program Page 5 of 21
Manifest means 'the uniform hazardous waste manifest form(s) that must accompany
shipments of municipal hazardous waste or Class 1 industrial solid waste.
Mobile collection event means a household hazardous waste collection event by
Participating City utilizing a mobile collection unit.
Mobile Collection Unit (MC,Uj means a non-self-propelled vehicle used for the periodic
collection of household hazardous waste by Participating City, off-site of the ECC, which
is transported to the ECC to dispose of the household hazardous waste collected at the
mobile collection event. Mobile Collection Units owned by Fort Worth are designed to
hoild the hazardous waste of approximately 50 to 7'5 house olds.
Participating C*I!y means the municipallity which, has entered into this agreement with the
City'of Fort Worth.
Participating Enfitie,s', when used in the plural, means Fort Worth, Participating City,, and
all other entities which, have entered into interloical agreements with Fort Worth for the
ECC household hazardous waste collection program'.
Person means an individual, corporation, organization, governm�ent, or governmental
subdivision or agency,, bu�si'nesis trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term, is defined in Texas Health
and Safety Code 61,.,0:03, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the foMowing
abbreviations, as used in this Agreement, shall have the meanings hereinafter
designated.
C - Comprehensive En�vironmental Response, Compensation, and Liability Act,,
its amendments, associated case law, and state counterparts,
CPR - cardiopulmonary resuscitation.,
DOT - United States Department of Transportation.
ECC — Fort Worth Environmental Collection Center.
EPA - United States Environmental Protection Agency.
HAZCAT- hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response and the training,
certification, and legal requirernents associated therewith.
HM - hazardous materials.
HHW - household hazardous waste.
MCU - Mobile Collection Unit.
TCEQ—Texas Commission on Environmental Quality.
Interlocal Agreement— Household Hazardous,Waste Prograrn Page 6 of 21
2.
PURPOSE
'The purpose of this interlocal agreement (hereafter "Agreement") is, the provision of services by
Fort Worth to Participating City whereby, subject to the terms and conditions specified below,
Fort Worth will administer and supervise a regional household hazardous waste collection
piro ram, which will be available to households within Participating City as described herein.
3.
TERM
This Agreement shall be effective from October 1, 2013 or the date the last party has signed this
Agreement, whichever is later, through September 30, 2014; however, the duties
es an
responsibilities of the Parties for events which occurred during the term of the contract s,hal:l,
survive. If Participating City has mobile collection events scheduled: during the months of
October through December 2014 and this Agreement has not been renewed, by the end o f t he
regular term, this agreement shall be extended on a month to month basis until the mobile
collection events have been completed or cancelled by Participating City.
In addition, this agreement may be extended by the duly authorized, multu!al�, and written
agreement of the parties for up to three (3) additional one-year terms..
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the following services, for Participating City in connection with the
EC C household hazardous waste collection program:
A. Fort Worth will dminister a regional household hazardous waste collection program.
This program wil�ll include the operation of the Environmental Collection Center, which
will accept for disposal and/or recycling household hazardous waste from, households
located 'within: Participating City. Fort Worth shall not accept compressed flammable gas
containers; radioactive materials; explosives or potentially shock sensitive materials;
biological, etiologic, or infectious materials; wastes from businesses, or any other wastes
that Fort Worth has determined are unacceptable.
B. Fort Worth, wi,lil, employ or retain personnel to provide the services necessary to perform
Fort Worth's obligations in this Agreement.
C. Fort Worth will enter into a contra c,t,(s) with a waste disposal/recycling firm(s) for the
handlling, collection,, transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste that is coillected at the ECC, or during mobile collection
events.
D. Fort Worth will, if requested in writing by Participating, City, provide Participating City with
copies of waste manifests for shipments of waste from the ECC.
E. Fort 'Wolrth, will, if requested in writing by Participating City, provide Participating City a
monthly report of the Partici11
ating City's households who disposed of household
hazardous waste at the Environmental Colliection, Center or a mobile collection event.
Interlocal Agreement— Household Hazardous Waste Program Page 7 of 21
F Fort Worth will issue, a report and an invoice at the end of each quarter detailing the
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number of Participating City's households that disposed! of household hazardous 'waste
at the Environmental Collection Center or at mobile collection events.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Mobile Collection Events
Participating City may s,che!d!ulie a mobile collection event to be operated by Fort Worth,
personnel using one, of Fort Worth's M�CUs or conduct their own mobile collection events
using, either Participating City's MCU or Fort Worth's Reserve MCU (as available). State
regulations, require notification to the Texas Commission on Environmental Quality
(TCEQ) at least 45, days prior to conducting the event.
I Fort Worth Operated Events:
If Participating City would like to schedule a moblile collection event with the Fort
Worth Mobile Collection Unit, Participating City shall contact the EC C as soon, as
possible for a list of available dates. The time and location shall be agreeable to
both parties. Participating City may schedule one mobile collection event each
contract year. Fort Worth will file notification of the event with T Q as required
by 30, TAC §335.403.
(a) Scheduling Events
Fort Worth will begin scheduling mobile collection evenits, for 'the 2014
calendar year on January 2, 2014. To ensure proper notification, to TCEQ,
events must be scheduled at least sixty (60) days ahead of the proposed
date. Participating City acknowledges that Fort Worth contracts with other
municipalities and that Fort Worth will be accommodating each
Participating City's request on a first come first served basis. Therefore!
Participating City acknowledges that its chosen date to schedule a mobile
collection event, may be reserved by another city and Participating City,
will have to then choose another date. Participating City will, in no event,
be entitled to any damages or recovery of any costs, except as provided
herein.
(b) Location
If Participating City chooses to hold the Mobile Collection Event on private
property, Participating City shall obtain a signed waiver from the owner of
the property sixty (610) days prior to the event,. The waiver shall be in the
form of Exhibit B or similar form approved by Fort Worth. The signed
I AM
waiver must be sent to Fort Worth sixty (60) days before the Moblillu
Collection Event. If the signed waiver is not sent to Fort Worth sixty (60),
days before the Mobile Collection Event, Fort Worth will not send the Fort
Worth Mobile Collection Unit to the, event and Participating City will 0 in no
event, be entitled to any damages or recovery of any costs, except as
provided herein. All events must be held on an 'impervious surface.
(c) At the Mobile Collection Event, Participating City acknowledges and
agrees that Fort Worth shall accept household hazardous waste from the
first 50! households that show proof of residency at the Mobile Collection
Event. After the first 50 households, Fort Worth will determine in Its sole
discretion how much moire waste it can accept for proper transport back
Interlocal Agreement—H�ousehold Hazardous Waste Program Page 8 of 21
to the ECC. If moire households, arrive at the event than Fort Worth can
accept, Participating City will in no event be entitled to any damages or
recovery of any costs, except as provided herein.
(d) Due to the lack of storage space at the FCC, Participating City
i
acknowledges and agrees that if it requests the Fort Worth Mobile
Collection Unit at a mobile collection event, a Participating City's MiCU
shall not also be at the event.
(e) Fort Worth, in its sole discretion, will det,erm,ine whether to send the Fort
Worth Mobile Collection Unit to Participating City's Collection Event
during adverse weather, the threat of adverse weather, or other
hazardous conditions including but not limited to sleet, snow, rain, mist or
hail. In, the event Fort Worth, determines not to send the Fort Worth Mobile
Collection Unit, Fort Worth shall attempt to notify persons l'isted herein as
an "Op rational Contact" by the Participating City and shall attempt to
send a Fort Worth employee to the Participating City 11 s event to tell any
r es"dents, that come to dispose of household hazardous, waste that the
i
Fort Worth Mob,i�le Collection Unit will not be coming to the event, but the
r *dent, can, go to the ECC to dispose of the waste. A map with directions
esli
to the FCC also will be provided.
2. Participating City Mobile Collection Unit-.
(a) Fort Worth agrees, to accept household hazardous waste from mobile
collection events, conducted by Participating City using Participating City's
MCU in accordance with the terms of this Agreement.
(b), Fort'Worth agrees to -restock the items it removes from Participating City's
MCU, however,, Fort Worth shall only restock items listed in Exhibit "A",
attached and incorporated herein as if set forth.
3 Loan of the Reserve Mobile Collection Unit
The reserve MCU is a specially designed: and equipped thirty-six (3 6,), foot
gooseneck box-trailer and one (1,): ton, pickup owned by Fort Worth,. Participating
City may request the loan of Fort Worth's Reserve MCU free of charge for use in
a Household Hazardous Waste collection event when available. Participating pity
may use the Reserve MCU to transport HHW to Fort Worth"s ECC or another
co!llectioln center that may lawfully receive HHW. Participating City shalil provide
Fort Worth with a written request, facsimile or e-mail at least sixty (6 ') days prior
to the event date for which 'the request is made. Fort Worth shall have sole
determination whether the Reserve MCU is available for use by Participating City
and shall notify Participating City as soon as is reasonably practicable of such
decision. Fort Worth shall not participate in nor be responsible for any part of the
Participating City's HHW Collection Event unless and except by written mutual
agreement.
as Fort Worth shall disclose any known problems the Reserve MCU may
have in performing the tasks necessary for the HHW Collection Event.
Prior to issuance of the, Reserve M,CU,, a pre-trip inspection for potential
maintenance problems will be preformed by Fort Worth. Also, both parties
Interlocal AgreementHousehold Hazardous Waste Program Page 9 of 21
E. Participabng City may submit a written request for a monthly report listing the number of
I
its city's households that have disposed of household hazardous waste at the ECC or a
mobile collection event.
F. Participating City shall provide traffic control and signage for the mobile collection event,
and shall provide personnel, to assist Fort Worth with the offloading of material, surveys,
and screening, of persons dropping off household hazardous waste. Prior to the event,
the parties shall agree upon the details of the traffic control, signage, and personnel
assistance.,
G. If a Participating City resident presents waste that was collected from multiple
households, Fort Worth reserves the right to charge; the Participating City based on the
total number of households from which the waste originated even if the resident has only
one voucher.
H. Participating, City shall provide a means for disposing of solid waste (e.g, boxes, trash,,
1; #i
containers) on site during a mome coillilecti:on event.
1. Mobile Collection Events us,ing Participati,mg City's MC U or Reserve MCU
11, Participating City is responsible for proper notification to TCE,Q as required by
30 TAC §335,403.
2. Participating City shall advise the ACC at least 72 hours in advance of its mobile
collection events. Participating City shall collect only HIHW during a mobile
collection event. Wastes from commercial, agricultural, and industrial sources
shall not be accepted, Participating City shall not accept compressed flammable
gas containers; radioactive materials; explosives or potentially shock sensitive
materials; biological, etiologic, or iinfectious materials; or any other wastes that
Fort Worth has determined are unacceptable.
3. In accordance with the latest DOT' requirements,, Participating City's MCU
operators will properly categorize, package, mark, label, and load into the MCU,
all wastes received at the mobile collection event. Recyclable products (lised oil,
used oil filters, latex paint, recyclable anitt-freeze, lead-acid batteries, and
fluorescent lights)will be segregated into containers for recycla,bles.
4. After accepting wastes, Participating City's MCCU' operators shall thoroughly
check each container for proper labeling and identification. iIf a container is
properly identified, the material will be segregated according to hazard class and
prepared for packaging:. If a container does not have adequate labeling to permit
identification, the IVICU operators shall then;, attempt to identify the matedal from
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste,
5. The Participating City's ICU operators shall package all hazardous materials in
accordance with United States Department of Transportation (DOT)
requirements, United States Environmental Protection Agency (EPA)
requirements, and all other applicable federal and state requirements. After all
the wastes have been properly identified and segregated, the MCU operators will
reexamine the wastes for compatibility, list them on the container content sheets,
Interlocal Agreement-Household Hazardous Waste Program Page 11 of 21
and pack them Into drums. 01"1-based paints and latex paints shall be bulked
separately in 55-gallion, drums, or If the paint is left in its container, the paint can
be packed in a lined cubic yard box, and packed and labeled according to federal
and state regulations,. Participating City shall not transport waste that is not I ulHW
to the E,CC. Participating City agrees to make its own arrangements to dispose of
any non-HHW waste collected at the event.
6. Prior to transporting, the H,HW from the collection event site, Participating City's
MC U operators, shall complete a,, Bill of Lading, and shall keep the Bill of' fading
in the cab i of the truck hauling the MCU during transportation of the HHW' to the
EC. C. Participating City shall require that a minimum of one copy of the latest
forth American Emergency Response Guidebook be kept within the cab of the
truck.
7. During transportation, Participating City's IVICU operators shall placard the MCU
for transportation of hazardous waste in accordance with federal and state law.
8. Upon the return of the M,CCU to the ECCJ Participating City's IVICU operators shall!
follow the instructions of Fort Worth regarding the placement of the IVICU for
unloading. Fort Worth shall, take possession of the MCU1 from Participating City
after the MC U has been properly parked for unloading in accordance with Fort
Worth's instructions and all required documents have been delivered to the ECC
manager or his designee at the ECC. Fort Worth shall, within a reasonable
amount of time, unload the HHW from the Participating City's IVICUI and store the
unit at the ECC. After being contacted:, Participating City shall pickup their unit
within 10 dlays.
9. If Fort Worth, in its s,olie discretion,,, determines 'that Participating City's IV ICS
U,
operators improperly packaged any of the HHW delivered to the ECCU, Fort Worth
shall repackage such waste, and Participating City shall reimburse Fort Worth as
set forth herein.
10. If a spill emanating from the Participating City's IVICU or the Reserve MICU occurs,
at the ECC while the MCU is still in Participating City's possession, Fort Worth,
shall take control of the spill response and Participating City will reimburse Fort
Worth for 'its response costs, as set forth herein.
6.
USE OF WASTE DISPOSAURECYCLINIGI FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the
handling, collection, trans portatioln 1 storage, disposal, treatment, recovery,, ands or reuse
of household hazardous waste, from the ECC.
B. Such firm(s) shall be required pursuant to the co:ntract(,$) to assume generator status for
the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a
disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth
and participating cities against any and all environmental damages and the violation of
any and all environmental requirements resulting from the handling, collection,
transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected
pursuant to this agreement, when said environmental damages or the violation of said
Interlocal Agreement--Household hazardous Waste Prograrn Page 12 of 21
environmental requirements was the result of any act or omission of contractor, Its
officers, agents, employees, r subcontractors, r the Joint act or omission f contractor,
its officers, agents, employees, or subcontractors, and any, other person or entity.
C. THE PARTIES, RECOGNIZE THAT ALTHOUGH THE FIRM S) WILL, BE REQUIRED
TO ASSUME GENERATOR STATICS, THIS ASSUMPTION WILL NOT "RELIEVE
PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL
AND STATE LAW, Fort Worth will arrange for recycling vendors for used oil, batteries,
antifreeze, and other materials, as It deems appropriate.
'.
REUSE OF COLLECTED MATERIALS
A. From time-to-time Fort Worth will make available to residents and businesses of Fort
Worth, as well as, Participating city and residents and businesses of Participating City
for -their use, collected household hazardous waste materials that are suitable for reuse,
such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any
materials that are plucked up for rouse.
13. Some materiats made available for reuse may have been consolidated and filtered by
Fort Worth prior to being made available, Used antifreeze will 'have been consolidated in
ar barrel, filtered, and pH balanced, and new antifreeze may have been added to the
barrel.
C. In regards to materials accepted by Participating City, its employees, residents, or any
other person FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR
GUARANTIES THAT
-
I. the container contents are what the label indicates;
2. the container contents are those originally placed Into the container by the
manufacturer;
3. the product is of the quality intended for its use;
4. the contents of the container have been stored properly;
5. the instructions on the container label for use, storage, and first aid are current or
correct,
6 the container is in unimpaired condition;
7. the product is still approved for use (i.e., it has not been banned or recalled ,- and
8. the product can be used without risk to, persons, property or the environment.
FURTHERIVIORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED, PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF
THESE TERMS AND CONDITIONS.
Interlocal Agreement—Household Hazardous Waste Program Page 13 of
D. Participating: City shall contact the, ECC manager to arrange a pickup time to obtain
materials. Participating City agrees that it shall not return to Fort, Worth, directly or,
11
indirectly, any materials 'it obta,in�s from Fort Worth under this paragraph.
E. INDEMINIFICATION REGARDING REUSED OR RECYCLED MATERIALS.
1. IN REGARDS TO REUSED, OR RECYCLED MATERIALS ACCEPTED BY'
PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL, CLAIMS)
INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS
HARMLESS THE CITY' OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS,
EMPLOYEES, AGEN�TSi, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND
PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS,
DEMANDS, EXPENSES OF LITIGATION, OR CAUSES 01F ACTION WHICH MAY
ARISE BY REASON OF INJURY TO PERSONSI LOSS OF PROPERTY, DAMAGE TO
PROPERTY, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY THE
'TRANSPORTATION, STORAGE, HANDLING) USE, AND DISPOSAL BY
PARTICIPATING CITY OF ANY MATERIALSACCEPTED BY PARTICIPATING CITY
UNDER THIS AGREEMENT FROM FORT WORTH.
2. IF THE PARTICIPATING CITY DOES NOT AGREE TO THE INDEMNIFICATION
AND WAIVER IN, PARAGRAPH E ABOVE,, THEN THE PARTICIPATING CITY SHALL
i
NOT ACCEPT, NOR ALLOW ANY OTHER PERSON TO, ACCEPT ANY OF THE
REUSED OR RECYCLED MATERIALS AND SHALL, NOT E REQUIRED TO AGREE
TO THE WAIVER, IN PARAGRAPH, E. Initial her�e to reject term 7.E.I. and accept
alternate term 7.E.2.
F. In regards to materials accepted by residents or businesses of Participlating Cities#
FORT WORTH: MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES
I
THAT.
I- the container, contents, are what the label indicates,
2. the container contents are those originally placed into the container by the
manufacturer-,
3. the product is of'the quality intended for its use,
4. the contents of the container have been stor,ed property,
5. the instructions on the container label for use, storag�e�, and first aid are current or
correct'
6. the container is, in unimpaired condition-,
7. the product is still approved for use (i.e.I it has not, been banned or recalled); and
8. the pirod:uct, can be used without risk to persons, property or the environment.
FURTHERMORE,, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED.
Interlocal Agreement-Household Hazardous Waste Program Page 14 of 21
G. Participating City shall attempt to inform Its residents and businesses that if they go to
the Environmental Collection Center to pick up household hazardous waste for reuse, a
release of liability must be signed to accept the household hazardous waste for reuse.
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth, shall have the right to refuse to accept waste at the
ECC from Participating City or Participating City's resident, if in the reasonable judgment of Fort
Worth:
A. The waste is not household hazardous waste;
B. The waste falls to meet other established cdteria established by this Agreement, or that
have beeni, established by Fort Worth subsequent'to, the execution of the Agreement*,
C. The individual does not have sufficient identification to establish that he/she is in fact a
resident of Participating City,,,,
D. Participating, City has implementied a voucher system for its residents, to, dispose of
waste, and the individual does not have a valid voucher; or
E. The waste, or the individuals presents a hazard to the ECC or to persons or property at
the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the Agreement, the ECCs hours of operation are as follows.-
Thursday and Friday 11:00 a.m. -- 7:00 p.m.
Saturday 9:00 a.m, -- 3.,00 p.m.,
B. Days the Environmental, Collection Center will be closed
During the term of the ag,reement, the ECC will be c,losed on the following holidays that
are observed on days the ECC would otherwise be open to the public:
'Thanksgiving Holiday, Thursday and Friday, November 281-29,1 20,13
Independence Day, Friday, July 4,, 2014
In addition to the above closures Fort, Worth employees, will not be available to conduct
mobile collection events on May 24, 2014 and August 30, 2014 although the ECC will
remain open on those days. The ECC may close due to furlough: days or other causes,
ands the City of Fort, Worth does, not represent to Participating City that the ECC will be
open on any particular days. If additional closures due to any cause are necessary Fort
Worth will notify Participating City prior to the closure unless due to an unforeseeable
event.
Interlocal Agreement— Household Hazardous"waste Program Page 15 of 21
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates
iit will be closed. Participating City also may advertise the 2 -hour Environmental
Collection Center telephone number,# (817) 871-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fort 'Worth pursuant to this Agreement:
A. Participating City agrees to pay Fort Worth the sum of $47.00 per household per visit to
the ECC, (or pier participlating household in a Mobile Collection Event) to dispose of
household hazardous waste. If a Participating City resident presents waste that was
collected from multiple households, Fort Worth reserves the right to charge the
Partlicipating City based on the total number of housieholds, from which the waste
originated.
B. If Fort Worth determines, that Participating City's MCU operators improperly packaged
any of the HIHW delivered to the FCC, Fort Worth shall repackage such waste, and
Participating City shall reimburse Fort Worth for its staff time at $20.00 an hour and the
cost of supplies.
C. If a spill emiana,tin,g from the Participating City's, MCU or the Reserve MCU occurs at the
FCC while the M U is still in Participating, City's possession, Fort Worth shall take
control of the spill response and Participating City will reimburse Fort Worth for its
response costs for City staff time ($:60.00 per hour) plus, the cost of supplies, and' the
actual costs for the spill response and remediation incurred by the City of Fort worth for
third party contractors and responding governmental agencies.
,
The amoun due to Fort Worth for sery ices pirolvide!d under this Section, Paragraphs A,
D. t i
B. and C, shall be billed to Participating City q'uarterly. Participating City shall pay Fort
Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive
payment within 30 days, Fort Worth shall inform, Participating City in writing that it will not
accept any household hazardous waste from Participating City's residents and that Fort
Worth will not participate in a mobile colilection event or provide a mobile collection unit
until paid.
E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating! City, which will include the total numbier of Participating city's households
which participated in the program, repackaging fees, if any, and the total cost of sipli�ll,
response charged to Participating City, if any.
F. Plursulant to the requiremients of Government Code §79'1.01 1 (a)(3), the amount due to
Fort Worth under Subparagraph D. above shall, be paid from revenues currently
available to Participating City in the present fiscal year.
11.
ARTWORK,, "CAPTAIN AND, THE CRUD IDIES,"AND PROMOTIONAL TERRALS
LICENSE AGREEMENT
i "Biloomer,"" ':'Oftol,"' "Pestile,
Fort Worth, is the owner of "Captain Crud" and, the Cruddies, (
"Scrub,"' and ""Van Goo") and the recycling buddies ("Scrappy," "Juggles," and "Cana
Nana,"') ""Conquer Your Crud,"' and "crud Cruiser"', and therefore all ownership rights belong
Interlocal Agreement—Household Hazardous Waste Program Page 16 of 21
to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of
State.
A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license
to use all the artwork and promotional materials, that may be provided by Fort Worth to
be used solely in the conduct of' the business of Part,icipaxing City's disposal and
recycling of household hazardous waste programs. If Participatinpi City wishes to, use to
Licensed Art and/or Promotional Materials in other limited situations, Participating City
must first obtain express written, consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City
pursuant to the terms of this Agreement. Participating City acknowledges that by virtue
of this License, Participating City acquires only the night to use the or I iginal and permitted
duplicate copies of the Licensed Artwork and Promotional Materials and does not
acquire any rights of ownership in the Licensed Artwork and Promotional Materials,
which rights, shall remain exclusively with Fort Worth. If Participating City wants to modify
or change the artwork and/or promotional materials in any manner, Participating City
hereby agsrees, to contact Fort Worth in writing to obtain written consent before, modifying
or changing any artwork and/or promotional materials.
C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating
City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain
Crud" is owned by Fort Worth. Participating City shall be solely responsible for
compensating actor for the services provided to Participating City. Participating City will
contact Fort Worth as soon as possible with the date and time of the event agreeable to
both parties to obtain approval for the chosen actor and to request and pickup the
""Ca tain Crud"" costume for its events. Fort Worth will provide the "Captain Crud"
costume. However, Participating City agrees to be liable to Fort Worth for any damage to
the costume or if Participating City falls, to return the entire costume to Fort Worth or if
the costume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the
Participating Citi�es waives, nor shall be hereby deemed to waive, any immunity or defense that
would otherwise be availabile to it against c,lairns arising in the exercise of'gove,rnmental powers
and functions, and that the services described in this Agreement are a governmental function.
13.
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused
to the, extent that the delay or failure to perform resulted from a force ma eure event, and the
delay or failure was beyond the control of Fort Worth and not due to its fault or negligence.
Participating City shall not have, and hereby waives, any claim whatever for any damages
resulting from delays or failure to perform caused by a force majeure event.
Interlocal Agreement Household Hazardous Waste Pro ran Page 1 7 of 21
14.
'TERMINATION
The parties, shall each have the right to terminate the Agreement for any reason, w,ith or without
cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall
be released' from all contractual obligations to the other party excluding "USE' OF WASTE
RISE"OSAL IRECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS, WASTE" "REUSE OF
COLLECTED MATERIALS" and "ARTWORK, "CAPTAIN CRU'D, Al D THE CRUDDI,ES,," Al"
"'PROMOTIONAL MATERIALS LICENSE AGREEMENT" and any 'terms and conditions arising
from events occurring during the term of the contract .
15.
ENTIRETY
This Agreeement, contains all commitments and Agreements of the parties hereko',l and no other
oral or written commitments shall have any force or effect if not contained herein, except that
this, Agreement can be amended or modified by the parties if such amendment or modification is
in writing and signed by Participating City and Fort Worth.
16,
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason
be holds to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid, illegal,, or unenforceable provisions had never been contained
herein.
`17.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of
this Agreement, venue for said action shall be in Tarrant County, Texas.
18.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement,
pursuant to Texas, Government Code, Chapter 791.
19.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties, hereto, and
each party hereby certifies to the other that any necessary, resolutions extending such authority
have been duly passed and are now in full force and effect.
Interlocal Agreement-Household Hazardolu�s Waste Program Page 18 of 211
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR, PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER, HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH CITY OF Bedfoird
By.- By:
Beverly Griffith
Fernando Cos,ta P united e-04m ' '
Assistant Cr tv Manager Title:, Cily, Manner
Date: 0 2-1-13 Date:
IV I w
APPROVED FOR M APPROVED FORM
AND, LEGALITY: AND
0/0
TAW tto ity orney
Arthur N. Blashor Gi n
Assistant City Aftor'ney
Mew owl
ATTY ATTEST,
it
00.........
a J. Kay s e r U City S retary
City Secretary
Fl
Contract Authorization
13
Date
OFFICIAL RECORD
C CITY SE'CRETARY
Interlocal A reemient—Household Hazardous Waste P,rogram %9WORTAIX
Exhibit "'A"'
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount Restocked Special Needs Remarks
5�5 ga,llon open top Amount taken off'the
drums(open top for trailer
loose packs)
55 gallon drums (closed Amount taken off the
top),(0111, antifreeze, bulk trailer
flammable materials
and one extra)
Fiber drums(55 or 30 Amount,taken off the
gallon)Aerosols, acids,, trailer
bases and oxidizers)
Gaylord box liners Amount taken off the,
(plastic) trailer
55 gallon drum liners, Amount taken off the
'trailer
5 gallon buckets Amount taken off the
(filters/haz chemicals) trailer
Survey Forms Amount taken off the
trailer
Labels/drum placardAmount taken off the
trailer
Gaylord boxes Amount taken off the
traller
Absorbent pads Amu
ont taken off the
trailer
Vermiculite Amount taken off the
traller
Oil dry Amount taken off the
trailer
Promotional Materials & Amount needed,
Brochures I: I 1 11
Interlocal Agreement—Household Hazardous Waste Program Page 2 0 of 21
Exhibit "B"
WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD
HAZARDOUS WASTE
I being the owner of property located at
have been asked by the City of Bedford to allow a, mobile collection
event, on my property to collect household hazardous waste on the 12011 , -
I hereby give my permission tote City of Bedford and the City of Fort
Worth, to hold a household hazardous waste collection event on my property in which the City'
of dfcrd has asked the City of Fort Worth to send its mobile
collection unit to colliect the household hazardous waste that is brought to the event.
4
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, IN DEM I the City of
Fort Worth or its officers, agents, and employees and the City of Bedford
and its officers, agents, and/or employees for any and all clairris, demands, liability, causes of
action, actions or suits of any character that I may have against the City of Fort Worth, or Its
officers, agents, and/or employees and the City of Bedford or its officers,
agents, and/or employees for any property loss"or damage, for any and all personal injury
including death or any other damage of any kind or character which may arises or that arises
from allowin the City of Bedford , i
to hold a household' hazardous waste
0
collection event, In which o
ich the City of Foirt rth sends its, mobile collection unit it on my property'.
I have read this Waiver and Release and fully understand its terms and conditions. I have not
been influenced in any extent whatsoever by any representation or statements not contained in
'thi's Agreement.
Signature Date
Witness Date!
Interlocal Agreement—Household Hazardous Waste Program Page 21 of 211
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