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HomeMy WebLinkAboutContract 39323CITY SECRETARY 2 CONTRACT NO. �. INTERLOCAL AGREEMENT FOR PARTICiPATIDN tN FORT !�IDRTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM T t IIS AGRIyERtENT is entered into by and behtveen the City of Fort 1N16jrtfit Texas, a honje-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter called "Fort Worth," acting herein by and through Fernando Costa, its duty authorized Assistant City Manager, and the mown of Tr:iy Club a municipality situated in ,gun Tay rarer County, 'rexas, hereinafter referred to as "Participating City," acting herein by andthrough frrn e ,ar:ir.e its duty authorized _mayn. jt�i ITNESSI=TH WHEREAS, 'I`exas Government Code, Chapter 791, autfjrsrizPs the forrjjulation of interlocal cooperation agreements between and among local governments; and WHEREAS, Texas Government Cade, §7rJ1.011 provides that a local yovcrnment may contract with another local government to perform governmental functions and sen tces, and 791.003(3)(H) defines waste disposal as a governmental function and service; and WNt<FZEAS, 'Texas Government Code, §791.025 provides that a tocel government may agree tvah another local government to purchase services; and WHEREAS, Fort Worth and Par+�lcipa#tng City desire to enter into an iotertocat agreemon# u�fjereby Fort Worth wil! purchase the services of a waste disposal/recycling frm or firms and wIll administer a household hazardous waste collection program; and 4Nl-IERE.4S, Fart Worth and Participating Clty mutually desire to ae subject to the provisions of Texas Government Coded Chapter 791, also known as the Interiocal Cooperation Act. NOW THEREFORE, it is agtsLd as follows: 1. DEFINITiOP1S A. Unless a provfslon in this Agreerrtent explfcltly states otherth,Jise, the fallowing terms and phrases, as used in this Agreement, shall have the meanings hereinaf#or 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. Environmentaf Collection Center {ECC� means the City of Fort Worth Environmentat tv9anagement 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. 4FFt�1�,�. REGOk�t� ��TY �EGRETAR�• T. WORTH, TX Enyironment_al_damages means all claims, Judgments, damages, losses, penalties, fines, liabili yes (including strict liability), encumbrances, liens, costs. and expenses of in astigation a{1d dLfense of any claim, whether or not such claim is ultirr:ately defeated, and of anv good faith seltlernent or judgment, of whatever kind or nature, contingent or otherwise, matured or un-matured, foresr :sable or unforeseeable, including without [imitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this Agreemer t as a result of the handling, collection, transportation, storage, disposal, tmZtrrGent, recovery, andfor reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a} DarrEages for personal injury and death, or injury to property or natural resources; (b} Fees incurred far the ser�ices of attorneys, consu{tints, rnr�#actors, experts, Laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environrnpont4t requirements including, but not Eiruited to, the preparation of any feasibility studies or reports or the performance of any cleanup, reme.diation, removal, response, abatement, containment, closure, restoration or monitoring 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 attorneys fees, costs and expenses incurred in enforcing this Agreement or collecting any SLIMS duel hereunder; and (c) t_iahility to any third person or governmental agency to indemnify sui^E� person or agency for costs expended in connection with the horns referenced {n subparagraph (b) herein. Envirenrnanta{ reRutrerr►en�s 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, stctes, and political subdivisions thereof and all applicable judicial, administrative, and reguidtory 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 these pertaining to .reporting, licenssne, permitting, investiga#ion, and remediation of omissions, discharges, re€eases, or threatened releases of hazardous raterials, pollutants, contaminants, or hazardous or toxic substances, 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, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature:; and (b) All requirements pertaining to the protection of the health and safety of employees or the public. Page 2 Force majeure 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 contractors) 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. _Househaid 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-selfpropelled vehicle used for the periodic coilection 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. Farticipatin City means the `t'owar a of 'S'rophy Club, Pari'srinatinc� Cities, when used in the plural, means Fart Worth, Participating City, and a!I other entities which have entered into interlocal agreements with Fort Worth for the ECC household hazardous waste collection program. Fer_san means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, par#nership, association, ar any outer 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. CERCtA "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 H�7_CAT hazardous categorization. lAZWC('ER -hazardous waste operations and emLrgency response, l-it�l - hazardous rra`eria^(s. NHlN - l?e4lsehold hazardous ,^�rzstr. iviCU - Mobile Collection Unit. TCEt� -- Texas Commission on Environmental Quality. 2. PURPOSE The purpose of this interlocal agreement {her®after "Agreement"} is the prov(sion of services by Fort Worth to Particlpat(ng City vvhr.�reby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program, which %oill be available to households within Participating City as described heroin. 3. TEMIA This Agreement shall be ef;ective from the da#e the last party has signed this Agreement through September 30, 2410. 4. SC(�VICi=S Oi= F©RT WORTI-i Fort Wor#h agrees #o perfcr m the following services for F'a;-ticipating C(ty in cortrtectivn wit( the ECC household liazardcus nfaste ea!(ection program. A. Fort Worth will administer a regional household hazardaus waste collection program. This p*ogram �.1(( include the operation of the Environment-( Collection Center, which will accept for disposal and/or recycling household hazardous waste from households located within Patmcipating City. Fort Worth shall not accept cmr.pressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, eficlogic, or infect(ous materials; ,wastes from businesses; or any other wastes that Fort Worth has determined are unacceptable. B. Fort Worth will employ or retain personnel to provide the services necessary to pertorn} Fod Worth's obligations in #his Agreement. C. Fort Worth will enter Into a contract(s) with a waste disposal/recycling firm(s) for the handling, cof(Rctian; transportation, storage, disposaE, treatment, recovery, and/or reuse of household hazardous was that is collected at the ECC or during mobile collection events. Page 4 D. Fort v'Ja,, i will, if requested in writing by Participating Cify, provide Participating City wan copies of waste manifests for shipments of vvaste from the i CC. E. Fort Vt�orh tell!, if requested in writing by Participating City, vtovide 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 V'�lorth `.xJiEl issue a repori 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 EnvlrorInlentRI Collection Center or at mobile collection events. G. Fort l�'v'orth wi(i act under this Agreement in accordancA wifh all applicable state and federal la,>�s_ fi. lUabile Collector Events Participating Cify rt�ay schedule a mobile col}ec#ion event fo be oferated by Fora 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 {TCFQ) at least 45 days prior to conducting the event. 1. Fort t�dorth Operated Events: if Participating Cify :Mould like to schedule a mobile colleotio;� event +�ith the Fort Vvonh Ntobue Collection Unit, Participating City shall contact the ECC as soon as possible for a list of available dates. The time and location shall be aorenable to both parties. Participating City may schedule one mobile collection event each contract year. Fort Worth will Me notification of the event with f CEQ as required by 30 TAC §335.403. (a) Scheduling Events Fort Worth +gill begin scheduling mobile collection events for the 2g1U calendar year on ,3vnuary 2, ?_d10. It this Agreement is not renewed prier to events scheduled for October - {December 2010 Fart Worth will not send its MCU or personnel to the event. To ensure proper notification to TCEQ, events roust be scheduled at least sixty (60) days ahead of the proposed date. Participating City acknowledges that Fort Worth contracts with other municipalitles 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 Illiobile 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 form of Exhibit S or similar form approved by Fort Worth. The signed tuaiver must be sent to Fort Worth si.\gy (060) days before the Mobile Collection Event. if the sinned waiver is not seat to Fort Worth sixty (60) days before the Mobile Collection Event, Fort Worth wil not .send the Fart Worth Mobile Collection Unit to the event and Participating City will, 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 #lie Mobilo Collection Evcnt, Participating City acknoutledges 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 dkSCrv#for; hGLV much more waste It can accept far k.rr: car tf2,CtspOrt back to the ECC. If more households arrive at the event than Fort Worth can Ncccpt, Participating City will in no event be ertitied to any damages or recovery of any costs, except as provided herein. (d) Due to the lack of s#orage space at the ECC, Participating City acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participatng City's MCU shall not also be at the event. {e) Fart. Worth, in its sole discretion, �.riil determine rvhe#her to send the Fart Worth Mobile Collection Unit to Participating City's Collection Event during adverse weather or the threat of adverse weether 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 notify persons listed in Section 5, Paragraph A and shall send a Fort Worth employee to the Participating City's event to tell any residents that come to dispose of household hazardous waste that the Fort Worth Mobile Collection Unit will not be corning to the event, but the resident can go to the ECC to dispose of the waste. A map with directions to the ECC also will be provided. 2. Participating City Mobile Collection Unit: ( a) Fart Worth agrees to accept household hazardous vr3ste from mobile collection events conducted by Participating City using Participating City`s MCU in accordance with Section 5, of this Agreement. (b) Fort Worth agrees to restock the items it removes from Participating City's MCU, However, Fort 1North shalt only restock items listed in Exhibit "A", attached and incorporated herein as if set forth. 3 t_oan of the Peserve Patobiie Collection -Unit t"he reserve MCU is a specially deS'tgr�ed and equipped ti�irty-six (36) foot gooseneck box4railer and one (1) ton pickup owned by Fort VVOIT111. Participating City niay request the loan of Fort Worth's Reserve MCU fry of charge for use in Page 6 a Har}sehold Hazardous vVeste collection evert when available. val cipating Gity may use the Reserve MCU to transport lAHW to For' Vlorth's ECC or another collection center that may lavitfully receive HHW. Participating City shall provide # ort Worth %vlth a written request, facsimile or e-mail at least sixty (60) days prior t4, thr event date for which the req�jest is made. Fort Worth shall have sole determination whether the Reserve NICU is available for use by Participating City and shall notify Participating City as soon as is reasonz.bly practicable of such decision. Fort rhiorth. shall not participate in nor be responsible for any part of the Peiticinating City's HHW Collection Event unless and except by written mutual agreement. (a} `l`he Reserve MCU stall be in good v}corking cond3Tian and i on VJor#h 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 maintonance problerns: will be preformed by Fort Worth. Also, both parties will complete a preArlp aesthetic assessment. Participating City shall be responsible for all certifications and insurance necessary for the proper oceratlo=, of the Reserve MCU. (b} Participating City aarees 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 ail E,ori;-related praper+.y damage, personal injury or death caused by PartsciPat ing C#ty's employees or volunteers and arising out of the Lisp of thQ reserve MCU during the term of this Agreement. (d) If is expressly understood and agreed that, in the execution of this Agreement, neither of the partif;s waives, nor shall be deemed hr:reby fo 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 thfs 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. bUT#ES d� PARTfCIPATIIVG CI T Y Participating City agrees to perform the following duties in cannectian with the household hazardous waste ool{ectitsn program: A. Participating City will designate one of its employees, and another as an alternate, to act as its household hazardous waste collection ccordinaor to interact with Fort Worth. Page 7 Ciesignated p4rson is: stems �� "�eicie, telephone number: ca<'.E331,4ycE Pacer number or 241 hour number where he or she can be reached: as - s 3s . i,*r;7 Alternate person IS '?rran�io� M'm�ns telephone nUmbGar; 66i.8.3Z Pager number or 24 hour number where he or she can be rear hi- d: _� 4 .538 . z 7 oA �11 S: Participatir==ii Gity ,will coordinate and fund all program advertising targeted fa ifs of Lrn citizens, as it deerms necessary. Such advertising s"oil include the type of wastes that will be accepted at the ECC, the requirement of proof of residency, and weather cancellation information. C. Participat=`ng C,it}shall notify its resident, of the ECG hours of operation and delis it is closed as provided in Section 9 "i he Environmental Collection Center Hours of Operation." U. Participating C'sty n;ay choose to utilize a voucher system for its residents in order for them to bring 111--1W to the ECC. Participating City shalt complete and sign the Voucher Utilization 'orm attached herein as Exhibit "C" and include a copy of tt=e official voucher if a voucher will be used. In addition, if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher, Participating City acknowledges and agrees that Port Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in i�=r4ting. E. Participating Gity rray sut�rr�it a :vrifler, request far a monthly report listing the numt3er or` its cay's hoot spholds that have diseased of household hazardous Wa0t0 at the ECG or a mobile collection event. F. Participating Gity she'=.l provide traffic control and signage for the mobile collection event, and shall provide personnel to assist Fart Worth with the offloading of material, surveys, and screening of persons dropping off household haz.rdous waste. Prior to the event, the parties shall agree upon the details of the traffic control, signage, and personnel assistance. G. Participating City sh:li provide a means for disposing of solid west;; (e.g. boxes; trash, containers) on site dd�ring a mobile collection event. H. Mobile Calie;tan Events us's� Particpating City's MGLs or Reserve MGtJ 1. Participating Git}r is responsible for prover notification to TGEQ as required by 2. Participating City shall advise the ECC at least 72 hours in advance of its mobile collection events- Participating City shall collet# only H,-iW .during a mobile collection event, Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall riot accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or infectious materials; or any other wastes that Fort Worth has determined are unacceptable. Page 8 3. In accordance with the latest DOT requirements, Participating Citys MCU operators will property categorize, pz ckago, Mark, label, and load into the MCU, all wastes received at the mobile collection event. Recyclable products (used oil, used oil miters, latex paint, recyclable, anti freeze, lead -acid batteries, and fluorescent liahts) will be segregated into containers for recyclab'es. 4. After accepting 4rastos, Pa ticipat€ng City's i'titCU apse aloes shall thoroughly check each container for proper labeling and identification. If a container is properly identified, the material Mll 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 frorr its physical characteristics using HAZCAT analysis and from information provided by tho household presenting the waste. 5. The Parficipatitig Ciky's MCU cperators shall package al! hazardcus materials in accordance with United States De partment of Trans portatlan (DOT) requirements, United States Environmental Protection Agency (EPA) requirements, and all other applicaNe federal and state; requirements. After all the wastes have been property identimed and segregated, the MCU operators wlll reexamine the wastes for compatibility, list them on the container content sheets, and pack there into drums. Oikbas,ad 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 tined 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 P-CC. Participating City agrees to make its ov*mn arrangements to dispose of any non-HHVV waste collected at the event. 6. Prior to transporting the t #Hyil from the collection event site, Participating Citys MCU operators stall complete a Sill of lacing, and shC keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the !-?HW to the ECC. Participating City shalt require that a minimum of one copy of the latest North American Emergency Response Guidebook be kept witthin the cab of the truck. 7. During transportation, Participating City's (VICU operators shall placard tine MCU for ter}ns�ortation of hazardous waste €n accordance with federal and state laa�v. 8. Upon the return of the MCU to the ECC, Participating Ciiy's MCU operators steal( •`olloiA� the instructions of Ft�rt' Worth regarding t°rye placement of the MCU far unloading. Fort Werth shall take possession of the MCU from Participating City after the; MCU has been property parked for unloading in accordance with Port 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. rage 9 9. City If Fort Worth, in its sole discretion, determines that Participating 's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such v aste, and Participating City shall reimburse Fort Worth as set for1h in Section 10, Paragrarh B. 1Da if a pill emanating from the Participating City's iICU or the Reserve MGU 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 in Section 10, Famcgranh C. 6. USE OF WASTE DISf'OSAURECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE., A. Fort Worth �;rill enter into a contracts) with a yL'c'IStE� disposaltrecycling firr,Z(s) for the handling, collection, transportation, storage, ispascl, treatment, recovery, and/or reuse of household hazardous waste, from the ECC. B, S.3ch firn�(s) she!! be required pursuant to the cantr3ct(s) to assume gen�:rator status for the waste collected, (excluding used ail, lead -acid batteries and ar;tifreezd) 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 ar�ct all en=:ironmental requirements resulting from the hanc lii g, collection, transportation, storage, disposal, treatment, recovery, and/or recycling of .caste collected pursuant to this agreement, when said environmental damages or the violation of said environmental requirements was the result of any act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors and any other person or entity. C. TuiE PAID �s IES ECOOIZE TEAT ALiHOUGl•! T HIEW FIRM(S) {VILL BE REQUIRED Tu ASStUI'E GE"ERATOR STATUS, THIS ASSUPTIO WILL NU`B REi�€EtIE PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW ANIO) S T AT E LAW, Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From tirrte-to-liras Fort Worth will make available to residents and businesses of Far# We th, as well as, Participa#ing City and residents and businesses of Particifaating 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 picked up for reuse. B. Some materials 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 a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel. Page 10 regards to materials accepted by Participating City, ;=t R T t r£ , I I r f 3 REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT: 1. Elie container cor�ten`s are what the label indicates; 2. the cori#ainer contents are thaw originally placed into the container by the manufaCturc r, 3. the product is of the qualit}intended far its use; �, the con#eats of the container haL�e been stared properly; 5. #ha instructions an the container Zabel far use, storage, and first aid era current or carrc;ct; �. the cc:ntair�Mr is in uniriip-aired co:idi#ion; 7. the pror.!uct r still approved for use (i.e., it has not been banner! or roca!led); and 3. the product can be used without risk fa persons, propert�ar the eniirc.nment. FURTI'ERMI ORE, ALL WARRANTIES, EXPRESS AND MPPLIEC, ARE SPIEC.r tCALLY DENIEDt ©. Participating City shall contact the I=CC m✓nager to orange a pickup time to abta'n materials. Participating City agrees that it shalt not return to Fo t "orth, directly ar indirectly, any materials it obtains from Fort Worth under this paragraph. E. III REGA,RPSS T C L'IATERI AI✓S ACCEPTED 3Y PAIiTICIPA T ING CITY tr�AT€CIPATI G CITY £DOES 11 F2EB`r' It Ai41F ALL eLAII sI Ii CLLII?I G PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HAR illLESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EIMPLOYEES, AGENTS, AND VOLU TEER S, IN BOTH THEIR PUBLIC AND PRIMATE CAPACITIES, FROM AN IV AND ALL LIABILITY, CI_ANVIIS, SUIT S, DMMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHfCi ( MAY ARISE BY REASON OF Ii' jURY TO PE SONS, LOSS OF PROPERTY, DANIAGE TQ PROPERTY, OR LOSS OF USE OF ANY PROPERTY , OCCASIONED BY THE TRAN:SPGRTATIO , STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER Tr3S AGREEMENT FROM FORT WORTH. F. In regards to materials accepted by residents or businesses of F'ar;icipating Cities, FOi� € ';��tiRT�i ��€ri�ES �O REPRESE!TATIO�, t�ARRA%TIES OR GUARA.�f�'fES 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 3. thn product is of the clumity imended for its use; �. the clorilenLS of the container have beel 1 stored pro Orly; 5. the instructions ran the container label for use, storage, and first aid are cur rent or corrnrj, o. the crntainr;r is in unir��paired condition; 7. the product is sti?! approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property ty or the environment. PURTHERMORE, ALL WARRANTIES, EX"PRESS AND IMPLIED, ARE SPECIMCAt.LY DENIED. C. PartiGi^atir;y City steal( attempt to inform its residents artd businesses that if they go to the Environrr;t=rtal 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. tIGi iT TCj REE( 451= WASTE Participating City agrees that Far# Worth sha,lC have the right to refr�se to accept �,�raste at the ECC from Participating City or Participating City's resident, if in the reasonable judgr;ent of Fort forth: A. The waste is not household hazardous waste; B. TE�e waste fails to meet other established criteria established by this Agreen�Cnt, or that have been established by l or 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 ;L; i C;nt of `anticipating City; D. Participating City has implemented 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 individual presents a hazard to the ECC or to parsons or property at the ECC. Paye 12 9. EtNVIRCNMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION A. i,ir�urs of Operation C}rkrir,g the term of the Agreen?ert, t1=e ECG's hours of operation are as follows: hursday and Friday 11:00 a.m. — 7:00 p.m. Saturday 9:00 a.m. - 3:00 p.m. B. Hays the [=r?viror�n�ent ! Cc!IPr•tion Ce;�ter will be closIId Durng ttte te,"rTi of the agreerrtez3t, the ECC �^rill bo closed on'l:e fa[(awing holidays: Thanksgiving 1-lolid3y, i hursd3y, Friday, and Saturday, November 26-28, 2QQ9 Christmas Holiday, Friday, acid Saturday, December 25-26, 2009 Ne1w Year's Day, Friday, January 1, /2010 €Martin Luther King Day, Monday, January 18, 2010 Prlemorial Day, Monday, May 31, 2010 lr�dependence Day, Monday, July 5, 2010 Labor Day, Monday, September 6, 2010 PadiG'spati 9 City understands and agr€:es that Fort Worih is anticipatlrtc� that there rtasy be employee furlo ugh days during the term of this contract and thM 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 necassary Fort Worth will notify Participating City prior to the closure unless due to an unforeseeable event. It is anticipated that the ECG will be closed on the follo��ing days ys a resuif of the Fort War h's tentative decision to fur#ough staff; Columbus Day, Monday, October 12, 2009 Wednesda}r, November 25, 2QG9 Christmas Eve, Thursday, December 24, 2009 Good Friday, Friday, April 21 2010 Saturday, May 29, 2010 Friday before Independence Day, July 21 2010 Friday before Labor Day, September 3, 2010 Fort Wirth will notify Participating City if this schedule ol?an�es. C. Notiftying Residents Participating City agrees to notify its residents of th€; ECUs hours of operations Grd dates it rrill be closed. Participating City also may advertise the 24-hour Environmental Collection Center telephone number; {817} 392-6268. Page i 3 10. COS.?PENSATION As fair compensati:-)n for the ser<iices provided by at Worth pul & .; :; ,t to tl3iv, A r en�r�nt: A. Pagiripafng City agrees to pay Fort Worth the sum of y.f30 per household per visit to tho ECC l4 r per participating household in a Mobile Collection Event) to dispose of household hazardous waste, 3. 1f Fort th dctem� ies that Participating City's lU1CU operators impraporiy packaged any of the 1- HW deliw red to the ECC, Fort Worth shall rep ickc gy such waste, and Participating City shall rei riburse Fort Worth for it staff lime at $20.00 an hour and the cost of st pplies. C. if a spi!1 c:nar<atin front the Purticipatinc� Citjs tJICU or the F�eserve (v1CU occurs at the ECC while the MCU is stili 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 o= $60.00 per hour for stuff time and the cost of supplies. D. The amount due to Fort Worth for sentices provided under this Section, Paragraphs A, t3, and C, shall be billed to Participating City quarterly. 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 tha= it will not amcept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection 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 p2rucipating City, which will include the total nurnber of Participating City's households which participated in the program, repackaging fees, if any, and the total cost of spill response charged to Participating City, if any. F. Pursuant to th^ requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under 0 Subparagraph D. above shall be paid from revenues currently available to Participating City in the present fiscal year. 11. ART11�1Ji�K, "CAi�Tt�iN C€�E.ir� AN[1 Tl-(E CRUDI�iES," AND PRO;~,ttOTiONAin iv?Ai�t�tALS LICENSE AGREFMEN*r Fart Worth is the owner of "Captain Crud" and the Cruddies ("Pioorner," "O=2o," "Pestle, "Scrzrta." and „1,an Goo"} Ord the recycling buddies {"Scrappy," „��Cgtes," and "Garza I arba") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to Fart. Worth. Fort Worth has registered these marks as service marks with the Secretary of State. A. Fort Worth hereby grants to Participating City a nan4ransferabie, ran-Dxelusive license to use ail the artwork and promotional materials that nzay be'prnvicied by Fart Worth to be used solely in the conduct of the business of Participating City's disposal and Pace 14 recycling of r:ousehold Ihazardo!Js waste programs, if Palocipating City wishes to use to Licensed Art andlor Promotional Ma#erials in other limited situations, Participating City must first obtain express written consent from Fort Worth. �. Fo1 ty Provide licensed Art�t�osk and PromoUona! Materials to Participating City pursuant to the tears of this Agreement. Participating City acknowledges that by virtue of this Liconse, Participating,_ City acquires only the right to use the original and permitted dulplicate 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 Pr..rti: ipating City wants to mortify or change tnr Artwork and/or promotional materials in any rnan zer, Participating City hereby agrees to cor taot Fort Worth in witing to obt?in written consent before modifying or changing nny artvrork and/or promotional materials. C. Ef'articipating City desires an actor to portray "Captain Crud" ; cr an event, ariicipating City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owined by Fort Worth, Participating City shall be solely responsible for compensating actor for tPe services provided to participating City. participating City will contact Fort Worth as soon as possible with the date arid tine 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, Hm ever; 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. 1lUli�i�N(TY It is expressly understood and agreed that, in the. execution of this Agreement, none of the Participating Cities waives, nor shaft be hereby deer»ed to waive, any immunity or defense that would other71vise 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 f~�IAJEURE A delay or failure of Fort Werth to perform services pursuant to this Agreen?eat shall be excused to the extent the# tt?e delay yr failure to perforrrr 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. 146 TERk'll�lATldlllt Tee parties shall each have the right to terminate the Agreement for any reason, with or Lvithout cause, upon thirty {�g� days written notice. to the other parvzy. 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 "REUSE OF COLLECTED NUA i CI�iALS" (Paragroph 'lI and "ARTVVgRK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEh1E� T (Paragraph 11 a• 15. NOTICE Any notices required to hg given under this Agreement shall be delivered as falloe�rs: if to fort Worth. Brian i<. t3orrn¢r, CHMM, Director En vironmentai Management Department City of Fort 114=ortl1 1000 Throckmarton ort Worth, Texas 76102 if to Partici:�atin4 CitY_; 1oc :ip, ' Dri 76262 16. Ei'�TI RETY This Ar�reement contains all romitments and Agreements of the parties hereta, and no ct"er oral or written carnmitrments shelf have any force ar 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 tort Worth. 17. S;=WERA8iLITY in the event anyone or more. of the provisions contained in this Agreement shelf for any Yeasan be eel to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, cr unenforcoability shall not affect any other provision thereof and this Agreement shall be constrt:ed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 18. VENUE ;should any action, real or asser#ed, at la�rl or in equity, arise cut of the tcrPa�s anti conditions of this Agreemont, venue for said action sS�slt be in T�:rrant County, Texas. Page 16 19. AUTHOR( T Y This Agreemenl is rnada far Fora Worfh and Participaf[ng E ity as an Interlocal AgrePrnert> pltrsuant to Texas Government Code, Chapter 791. 2t}. AUTHORIZATION The undersigned officers and/ar agents of the parties hereto era prbper[y aufhorized 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 TRIPLICATC f C[�'Y O[= FQR'i WOE�TH By: Fernando Costa Assistant City Manfitger Date: 14e9 O _ APPROVEt'�AS TO t=CRP9 AND L�GAL]TY: Assistant. City Attorney ATTI=Si: Marty Hend City Secretary Cont r t author[zation� 1 LJac, Date Toa�tz c.+I 'Prc;a!:y C3 t3% [Tinted name: Caiuiie �rn�t� Title:va� -- Date: APPROVED AS TO FORi49 AND LEGAL[3Y: ToVm Attorney, Trophy Club, Texas ATTEST: a Hennek, Trophy Club, -Texas Town Secretary P2c�e 1T OFFIGI��. RECo�� �, CITY SECRETARY FT. WORTH, TX € xhWit "A" STOC I UIZn I imou I Ml= MUDILM ULWL'LLW� I PIUf% %jet eri 9 � mount Restocked ! Spaolal li ez ds iccat xr'�Ss S t oR Or At top dnims (open top for trailer loose y cis) J5 gallon tirtlli s i,closud An.ounl fi&.An ulFt c (op) (oil, antifrr,+t7j=, t .ulcr bulk flarnmable mnterials ands on extra} #' hcr (irt is (_' i or it`) it'tC)L111 W.C11 Off the ilon) Aernsolacids, trailci , bases and oxidizers) -Y ---- Gaylord box liners Amount taken off the (plastic) trailer - 75 villion dnim liners Amotalt tali off the trailer.._- 5 b,2{ kcts Amount mke 1 oti the gallon (filters/ll nz Claenlicals) traile- Survev F orals Awouu4 tril e. off the trailer _ _ Lti?lelsJrlrum placard . daunt tatkeu _ off the Giiylml boxes Ainount tnken of the trailer Absorbent pads Amount taken off thli& trailer vc IliMllite Amount taken off the trailer Coil dry Amlount t<ahe�n at`f the trailer !'multi o ial Tvf l�:rials ;mount needed & Brochures Page 13 Exhibit WAI�f€_R A?�lD RF!_EASi✓ OF t_IASILiTY FOR COt_L.�CTICN dF Ht7tJ�F�tOLD HAZARDOUS WASTE ! bein, the ou:nAr of property looted at have been asked by the City of to aliotA%l a n; b le collection event on my property to collect household hazardous vraste on the , 20 ! hereby give my permission to the City of _ and the City of For' Worth, to hold a household hazardous waste collection event on my property in which the City of has asked the (,ity of Fort VVorth to send its mobile collection unit to collect the household hazardous waste that is brought to the event. herefore, l he; Eby c�t��,�.SF, [3tSC�t�RGle, l-tOt_.D t�ARi`�il"ESS, IE�D�iitl�iFu the City of Fort Worth or its o Icers, agents, and employees and he City of _ and its officers, agents, and/or employees for any and ail claims, demands, liability, causes of action, actions or suits of any character that 1 may have against `hp. City of Fort Worth or its officers, agents, and/or ernpioyees 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 Priiseds or that arises from allowing the City of _ _ _ to Ezold a household hazardous waste coltection event, in which the City of Fort Worth sends its mobile collection unit on my property. t have read this +t�iaiver and Release and fully understand its towns and conditions. i have not been influenced in any extent whatscover by any represertation or statements not contained in this Agreement. Signature Date Witnass Page � 9 VOUCI3ER UTIL'sZAT1C?� Select 'Ind sign one of the 11011mvit,7 statcments. e Cite of tParticipating City) �Airshes to r sm a vaucir system far its residents visiting the ECC or a Mobile event, Only residents with an official voucher provided by Participating City will be au'looved to drop wastes off at the ECC or at mobile events in Participating City. A aopy of tfie af`iria! vauv?er rnt�st be attavhed. 1✓r!?ted nacre 1�i6?�tllrG' Dw.te The City of (Participating Gity) does not t�ish to use a voucher system. All residents of Participating City showing appropriate proof of residency will be allowed to crap wastes off at the ECC or at rnobfl 'e events in Participating City. Printed Warne S gr?uture - Date Page 20