HomeMy WebLinkAboutContract 39196�ONT�ACRE�� Y �
a'� t
INTERLOUAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, ahome-rule
municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas,
hereinafter called "Fort Worth," acting herein by a d through Fernando Costa, its duly
authorized Assistant City Manager, and the City of/.�, ` ,; a municipality situated in
r f County, Texas, hereinafter referred to as "Partici ting City," acting herein by
and through (44z�r�% f �f its duly authorize(
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal
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
§791.003(3)(H) defines waste disposal as a governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides 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 a 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
Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1.
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the following 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 (ECC) means the City of Fort Worth Environmental
Management Department facility located at 6400 Bridge Street, Fort Worth, Texas,
which is to be used 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.
!I Ui�Ir#UaiL
. TX
Force maieure means decrees of or restraints by a governmental instrumentality, acts of
God, work stoppages due to labor disputes or strikes, failure of Fort Worth 's
contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of
the collection of household hazardous waste, fires, explosions, epidemics, riots, war,
rebellion, and sabotage.
Household hazardous waste (HHW) 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 CFR Part 261.
Manifest means the uniform hazardous waste manifest forms) 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 (MCU) means anon -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
hold the hazardous waste of approximately 50 to 75 households.
Participating City means the City of �z %'"��!' C� �
Participating Cities, when used in the plural, means Fort Worth, Participating City, and all
other entities which have entered into interlocal agreements with Fort Worth for the ECC
household hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental
subdivision or agency, business 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 §361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following
abbreviations, as used in this Agreement, shall have the meanings hereinafter
designated.
CERCLA -Comprehensive Environmental Response, Compensation, and Liability Act.
CPR -cardiopulmonary resuscitation.
DOT -United States Department of Transportation.
ECC -Environmental Collection Center.
EPA -United States Environmental Protection Agency.
Page 3
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 Worth will, if requested in writing by Participating City, provide Participating City a
monthly report of the Participating City's households who disposed of household
hazardous waste at the Environmental Collection Center or a mobile collection event.
F. Fort Worth will issue a report and an invoice at the end of each quarter detailing the
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 schedule a mobile collection event to be operated by Fort Worth
personnel using one of Fort Worth's MCUs 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.
1. Fort Worth Operated Events:
If Participating City would like to schedule a mobile collection event with the Fort
Worth Mobile Collection Unit, Participating City shall contact the ECC 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 TCEQ as required
by 30 TAC §335.4030
(a) Scheduling Events
Fort Worth will begin scheduling mobile collection events for the 2010
calendar year on January 2, 2010. If this Agreement is not renewed prior
to events scheduled for October — December 2010 Fort Worth will not
send its MCU or personnel to the event. 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 (60) days prior to the event. The waiver shall be in the
Page 5
a Household Hazardous Waste collection event when available. Participating City
may use the Reserve MCU to transport HHW to Fort Worth's ECC or another
collection center that may lawfully receive HHW. Participating City shall provide
Fort Worth with a written request, facsimile or e-mail at least sixty (60) 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.
(a) The Reserve MCU shall be in good working condition and 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 MCU, a pre -trip inspection for potential
maintenance problems will be preformed by Fort Worth. Also, both parties
will complete a pre -trip aesthetic assessment. Participating City shall be
responsible for all certifications and insurance necessary for the proper
operation of the Reserve MCU.
(b) Participating City agrees to maintain and return the Reserve MCU in as
good condition as it was in when Participating City took possession for
use. Participating City shall return the Reserve MCU to Fort Worth in a
timely manner and as mutually agreed upon.
(c) Participating City shall be responsible for all work -related property
damage, personal injury or death caused by Participating City's
employees or volunteers and arising out of the use of the Reserve MCU
during the term of this Agreement.
(d) It is expressly understood and agreed that, in the execution of this
Agreement, neither of the parties waives, nor shall be deemed hereby to
waive, any immunity or defense that would otherwise be available to it
against claims arising in the exercise of governmental powers and
functions. By entering into this Agreement the parties do not intend to
create any obligations, expressed or implied, other than those set forth
herein and this Agreement shall not create any rights in parties not
signatories hereto.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following duties in connection with the household
hazardous waste collection program:
A. Participating City will designate one of its employees, and another as an alternate, to act
as its household hazardous waste collection coordinator to interact with Fort Worth.
Page 7
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 (used oil,
used oil filters, latex paint, recyclable anti -freeze, lead -acid batteries, and
fluorescent lights) will be segregated into containers for recyclables.
4. After accepting wastes, Participating City's MCU operators shall thoroughly
check each container for proper labeling and identification. If 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 MCU operators shall then attempt to identify the material from
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste.
5. The Participating City's MCU 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,
and pack them into drums. Oil -based paints and latex paints shall be bulked
separately in 55-gallon 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 HHW
to the ECC. Participating City agrees to make its own arrangements to dispose of
any non-HHW waste collected at the event.
6. Prior to transporting the HHW from the collection event site, Participating City's
Cu operators shall complete a Bill of Lading, and shall keep the Bill of Lading
in the cab of the truck hauling the MCU during transportation of the HHW to the
ECC. Participating City shall require that a minimum of one copy of the latest
North American Emergency Response Guidebook be kept within the cab of the
truck.
7. During transportation, Participating City's MCU operators shall placard the MCU
for transportation of hazardous waste in accordance with federal and state law.
8. Upon the return of the MCU to the ECC, Participating City's MCU operators shall
follow the instructions of Fort Worth regarding the placement of the MCU for
unloading. Fort Worth shall take possession of the MCU from Participating City
after the MCU 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 MCU and store the
unit at the ECC. After being contacted, Participating City shall pickup their unit
within 10 days.
C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO
REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT:
1. the container contents are what the label indicates;
2s 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.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED.
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
indirectly, any materials it obtains from Fort Worth under this paragraph.
E. IN REGARDS TO 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,
AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE
CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS,
EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY
REASON OF INJURY TO PERSONS, 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 MATERIALS ACCEPTED BY PARTICIPATING CITY
UNDER THIS AGREEMENT FROM FORT WORTH.
F. In regards to materials accepted by residents or businesses of Participating Cities,
FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES
THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
Page 11
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the Agreement, the ECUs hours of operation are as follows:
Thursday and Friday 11:00 a.m. -- 7:00 p.m.
Saturday 9:00 a.m. Naas 3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the agreement, the ECC will be closed on the following holidays:
Thanksgiving Holiday, Thursday, Friday, and Saturday, November 26-28, 2009
Christmas Holiday, Friday, and Saturday, December 25-26, 2009
New Year's Day, Friday, January 1, 2010
Martin Luther King Day, Monday, January 18, 2010
Memorial Day, Monday, May 31, 2010
Independence Day, Monday, July 5, 2010
Labor Day, Monday, September 6, 2010
Participating City understands and agrees that Fort Worth is anticipating that there may
be employee furlough days during the term of this contract and that the ECC will be
closed and Fort Worth employees will not be available to conduct mobile collection
events on those furlough days. If additional furlough days or additional closures are
necessary Fort Worth will notify Participating City prior to the closure unless due to an
unforeseeable event.
It is anticipated that the ECC will be closed on the following days as a result of the Fort
Worth's tentative decision to furlough staff:
Columbus Day, Monday, October 12, 2009
Wednesday, November 25, 2009
Christmas Eve, Thursday, December 24, 2009
Good Friday, Friday, April 2, 2010
Saturday, May 29, 2010
Friday before Independence Day, July 2, 2010
Friday before Labor Day, September 3, 2010
Fort Worth will notify Participating City if this schedule changes.
C. Notifying Residents
Participating City agrees to notify its residents of the ECUs hours of operation and dates
it will be closed. Participating City also may advertise the 24-hour Environmental
Collection Center telephone number: (817) 392-6268.
Page 13
recycling of household hazardous waste programs. If Participating 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 right to use the original 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 agrees 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
"Captain 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 fails 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 Cities waives, nor shall be he, deemed to waive, any immunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental 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 majeure 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.
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with 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
DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6)
Page 15
19.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement,
pursuant to Texas Government Code, Chapter 791.
20.
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.
EXECUTED IN TRIPLICATE
CITY OF FORT WORTH
By:
Fernando Costa
Assistant CI M ager
Date: 09
APPROVED AS TO FORM
AND LEGALITY:
Assistant City Attorney
ATTES
�1ar�r Hendrix U
City Secretary
C a3�sa
Contr t authorization
4T111oc
Date
By:
Printed ame:
Date:
APPROVED AS TO FORM
AND LEGALITY:
amity Attorney
ATTEST:
City Secretary
Page 17
;6 WORM TX
Exhibit "0
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 to allow a mobile collection
event on my property to collect household hazardous waste on the , 20
I hereby give my permission to the City of and the City of Fort
Worth, to hold a household hazardous waste collection event on my property in which the City
of has asked the City of Fort Worth to send its mobile
collection unit to collect the household hazardous waste that is brought to the event.
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of
Fort Worth or its officers, agents, and employees and the City of
and its officers, agents, and/or employees for any and
all claims, 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
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 allowing the City of to
hold a household hazardous waste collection event, in which the City of Fort Worth sends its
mobile collection unit 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
this Agreement.
Signature
Witness
Date
Page 19