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HomeMy WebLinkAboutContract 395131_Y SECRETARu' CONTRACT N ' INTERLOCAL 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 and through Fernando Costa, its duly authorized Assistant City Manager, and Parker County, situated in Parker County, Texas, for services in 4()ALt_" County hereinafter called "Participating Entity" acting herein by and through its duly authorized County Judge as directed by the Commissioners Court of County, Texas, 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 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 Entity 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 Entity 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 Ladina lists the contents of the mobile collection unit. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. 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 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. 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) required by law that must accompany shipments of municipal hazardous waste or Class 1 industrial solid waste. Mobile collection event means a household hazardous waste collection event utilizing a mobile collection unit. Fort Worth Mobile collection unit (MCU) means anon -self-propelled vehicle used for the periodic collection of household hazardous waste, off -site of the ECU, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile collection event. The Fort Worth Mobile Collection Unit is designed to hold the hazardous waste of approximately 50 to 75 households. Participating Entities, when used in the plural, means Fort Worth, Participating Entity, 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. 3 D. Fort Worth will, if requested in writing by Participating Entity, provide Participating Entity with copies of waste manifests for shipments of waste from the ECC. E. Fort Worth will, if requested in writing by Participating Entity, provide Participating Entity a monthly report of the households in participating entity who disposed of household hazardous waste at the Environmental Collection Center or a Mobile Collection Event. F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of households in participating entity that disposed of household hazardous waste at the Environmental Collection Center or at a mobile collection event. G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws. H. Mobile Collection Events Participating Entity 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 Entity'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 Entity would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, Participating Entity 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 Entity may schedule one mobile collection event each contract year. Fort Worth will file notification of the event with TCEQ as required by 30 TAC §335.403. (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 Entity acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating each Participating Entity's request on a first come first served basis. Therefore, Participating Entity acknowledges that its chosen date to schedule a mobile collection event may be reserved by another city and Participating Entity will have to then choose another date. Participating Entity will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. (b) Location If Participating Entity chooses to hold the Mobile Collection Event on private property, Participating Entity shall obtain a signed waiver from the 5 3. Loan of the Reserve Mobile Collection Unit The reserve MCU is a specially designed and equipped thirty-six (36) foot gooseneck box -trailer and one (1) ton pickup owned by Fort Worth. Participating Entity 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 Entity may use the Reserve MCU to transport HHW to Fort Worth's ECC or another collection center that may lawfully receive HHW. Participating Entity 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 Entity and shall notify Participating Entity as soon as is reasonably practicable of such decision. Fort Worth shall not participate in nor be responsible for any part of the Participating Entity'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 Entity shall be responsible for all certifications and insurance necessary for the proper operation of the Reserve MCU. (b) Participating Entity agrees to maintain and return the Reserve MCU in as good condition as it was in when Participating Entity took possession for use. Participating Entity shall return the Reserve MCU to Fort Worth in a timely manner and as mutually agreed upon. (c) Participating Entity shall be responsible for all work -related property damage, personal injury or death caused by Participating Entity'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. 7 potentially shock sensitive materials; biological, etiologic, and infectious materials; and any other wastes that Fort Worth has determined are unacceptable. 2. In accordance with the latest DOT requirements, Participating Entity'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. 3. After accepting wastes, Participating Entity'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. 4. The Participating Entity'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 Entity shall not transport waste that is not HHW to the ECC. Participating Entity agrees to make its own arrangements to dispose of any non-HHW waste collected at the event. 5. Prior to transporting the HHW from the collection event site, Participating Entity's MCU 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 Entity shall require that a minimum of one copy of the latest North American Emergency Response Guidebook be kept within the cab of the truck. 6. During transportation, Participating Entity's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law. 7. Upon the return of the MCU to the ECC, Participating Entity'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 Entity 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 program manager or his designee at the ECC. Fort Worth shall, within a �7 a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel. C. In regards to materials accepted by Participating Entity, 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; 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 Entity shall contact the ECC program manager to arrange a pickup time to obtain materials. Participating Entity agrees that it shall not return to Of Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING ENTITY, PARTICIPATING ENTITY 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 ENTITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING ENTITY UNDER THIS AGREEMENT FROM FORT WORTH. F. In regards to materials accepted by residents or businesses of Participating Entity, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT. 1. the container contents are what the label indicates; 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. - 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 Entity understands and agrees that Fort Worth is anticipating that there may be employee furlough days during the term of this contract and that the EGG 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 Entity 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 Entity if this schedule changes. C. Notifying Residents Participating Entity agrees to notify its residents of the ECUs hours of operation and dates it will be closed. Participating Entity may advertise the 24-hour Environmental Collection Center telephone number to give its residents the Environmental Collection Center's hours. The number is: (817) 392-6268. 13 be used solely in the conduct of the business of Participating Entity's disposal and recycling of household hazardous waste programs. If Participating Entity wishes to use to Licensed Art and/or Promotional Materials in other limited situations, Participating Entity must first obtain express written consent from Fort Worth. B. Fort Worth may provide licensed Artwork Cl" Promotional Materials to Participating Entity pursuant to the terms of this Agreement. Participating Entity acknowledges that by virtue of this License, Participating Entity 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 Entity wants to modify or change the artwork and/or promotional materials in any manner, Participating Entity 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 Entity desires an actor to portray "Captain Crud" for an event, Participating Entity shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by Fort Worth. Participating Entity shall be solely responsible for compensating actor for the services provided to Participating Entity. Participating Entity 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 Entity agrees to be liable to Fort Worth for any damage to the costume or if Participating Entity fails to return the entire costume to Fort Worth or if the costume is not returned in the same condition as received. 12. IMMUNITY Participating Entity hereby expressly waives any and all protections it may be afforded as a political subdivision of the State of Texas under the doctrine of governmental or sovereign immunity. The Participating Entity does this as consideration for the City's offer to enter into the subject contract with the Participating Entity. The Participating Entity realizes and states that it intends for this waiver to be a waiver of immunity from suit and liability. 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 Entity 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 15 19. AUTHORITY This Agreement is made for Fort Worth and Participating pursuant to Texas Government Code, Chapter 791. 20. AUTHORIZATION Entity as an Intenocal Agreement, 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 TY OF FORT WORTH By: Fernando Costa Assistant City ana er Date: 11,117 �0� APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATTEST: :) \ UdALA Marty Hend City Secretary Contract authorization C ' \ 09 Date Parker County By: Printed ��ame: Title: AV1 Date: I 21C '- APPROVED AS TO FORM AND LEGALITY: ATTEST: Witness 17 OFFICIAL RECORD CITY SECRETARY FT: WORTH, TX 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 County to allow a mobile collection event on my property to collect household hazardous waste on the 20_. 1 hereby give my permission to County and the City of Fort Worth to hold a household hazardous waste collection event on my property in which County 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, in consideration of I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth, its officers, agents, and employees and County and its officers, agents, and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any character that may have against the City of Fort Worth, its officers, agents, and/or employees and County, 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 County 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 19 City of Fort Worth, Texas Mayor and councii C' COUNCIL ACTION: Approved on 9/1/2009 unication DATE: Tuesday, September O1, 2009 REFERENCE NO.: **C-23752 LOG NAME, 52ECC FYI PARTICIPATING CITIES SUB.TECT0 Authorize Interlocal Agreements with Various Municipalities and Other Governmental Entities for Participation in the Environmental Collection Center Household Hazardous Waste Program RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute interlocal agreements with various municipalities and other governmental entities for their participation in the Environmental Collection Center Household Hazardous Waste Program, DISCUSSION: The City's Environmental Collection Center is now in its twelfth year of operation collecting household hazardous waste from the residents of Fort Worth and surrounding communities on a year round basis. In order for non —Fort Worth residents to participate at the center, each entity is required to enter into an interlocal agreement with the City of Fort Worth. The rate per household for the period covered by these agreements (October 1, 2009, through September 30, 2010) is $47.00 per household. It is anticipated that approximately $598,795.00 will be collected under these agreements. During Fiscal Year 2008-2009, 45 entities signed participation agreements with the City of Fort Worth. For the upcoming year, it is expected that all of these entities will participate and others have already expressed interest. This agreement outlines the responsibilities of each party, establishes the rate for participation, details procedures for loan of mobile collection unit, and delineates the usage of service marked public education materials. The City of Fort Worth is responsible for overall operation of the center including contracting with a hazardous waste disposal company for transportation and disposal of materials collected. The following entities have expressed an interest (*) or are expected to execute an agreement to participate for the period October 1, 2009, through September 30, 2010: Alvarado Arlington Azle Bedford Benbrook Bridgeport Burleson Cedar Hill Cleburne Colleyville Crowley Edgecliff Village Euless Haltom City Kennedale Midlothian Pantego River Oaks Sherman Grand Prairie Grapevine Hurst Keller Lakeside Mansfield North Richland Hills Oakleaf Parker County Roanoke Southlake Tarrant Regional Water Town of Trophy District Club Upper Trinity Regional Water Venus District Waxahachie Weatherford Westover Hills Westworth Village Hood County* Lancaster* Richland Hills Saginaw Stephenville Unincorporated Tarrant County Watauga Westlake White Settlement Somervell County* FISCAL INFORMATION: The Financial Management Services Director certifies that the Environmental Management Department is responsible for collection and deposit of the funds due to the City. FUND CENTERS: TO Fund/AccounuCenters FROM FundlAccount/Centers R103 488220 0521100 $598,795600 CERTIFICATIONS: Submitted for Citt Manager's Office IS Originating Department Head: Additional Information Contact: ATTACHMENTS OW IM4 1. FA , Fernando Costa (6122) Brian Boerner (6647) Michael Gange (6569)