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Contract 43718
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT 1/VCaRTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS ASTE PROGRAM FY2013 JOHNSON COUNTY OFFICIAL RECORD OrcRETARY Piro Vndoi;-?E111,1: i1y • • 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, a home -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 Johnson County, Texas acting herein by and through Roger Harmon its duly authorized County Judge as directed by the County Commissioners Court. Throughout this document the term "County" or "the County" when used in the context of a party to the agreement shall mean Johnson County, Texas. DELIVERY OF NOTICES Any notices required to be given under this Agreement shall be delivered as follows: If to Fort Worth: Michael A. Gange, Assistant Director TPW - Environmental Management Division City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to County: Roger Harmon, Cnnnty Judge Johnson County #2 Main Street, Room 120 Cleburne, Texas 76033 OPERATIONAL CONTACTS County's Operational Contact Persons: Designated person is: Erik Dumas telephone number: 817-556-6380 Mobile phone number (24-hour) where he or she can be reached: Email address: sdumas@johnsoncounty'tx.org and dhume@johnsoncountytx.org Alternate person : Roger Harmon telephone number: 817-556-6360 Mobile phone number (24-hour) where he or she can be reached: Email address: countyjudge@johnsoncountytx org Interlocal Agreement - Household Hazardous Waste Program Page 2 of 21 The County: DOES wish to use a voucher system for its residents visiting the ECC or a mobile event. I_ DOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile event. VOUCHER UTILIZATION If a voucher system will be used only residents with an official voucher provided by the County will be allowed to drop wastes off at the ECC or at mobile events in the County. A copy of the official voucher must be attached to this agreement. INVOICE DELIVERY Invoices to the County shall be delivered to: Erik Dumas, Director of Public Works Name Public Works Department Department (if applicable) 4#1 N. Main Street, Room 304 Street Address or PO Box Cleburne, Texas 76033 City, State, ZIP sdumas@johnsoncountytx.org and dhume@johnsoncountytx.org email address for billing questions and correspondence The County shall notify Fort Worth in writing if the above contact information changes during the term of this Agreement. Remainder of this page intentionally left blank Interlocal Agreement — Household Hazardous Waste Program Page 3 of 21 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 the County 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 within the County; and WHEREAS, Fort Worth and the County 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 TPW Environmental Management Division 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 entities' households for subsequent recycling, disposal and/or reuse. Environmental damaaes means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated and of any good faith settlement or judgment, of whatever kind or nature contingent or otherwise, matured or un-matured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees any of which are incurred subsequent to the execution of this Agreement as a result of the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: Interlocal Agreement — Household Hazardous Waste Program Page 4 of 21 (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or 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 attorney's fees costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, 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. Force maieure means decrees of or restraints by a governmental instrumentality other than the Parties, 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, floods, extreme weather 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. Interlocal Agreement — Household Hazardous Waste Program Page 5 of 21 Manifest means the uniform hazardous waste manifest form(s) that must accompany shipments of municipal hazardous waste or Class 1 industrial solid waste. Mobile collection event means a household hazardous waste collection event by County utilizing a mobile collection unit. Mobile Collection Unit (MCU) means a non -self-propelled vehicle used for the periodic collection of household hazardous waste by County 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 Entities, when used in the plural, means Fort Worth, County, 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, its amendments, associated case law, and state counterparts. CPR - cardiopulmonary resuscitation. DOT - United States Department of Transportation. ECC — Fort Worth Environmental Collection Center. EPA - United States Environmental Protection Agency. HAZCAT - hazardous categorization. HAZWOPER - hazardous waste operations and emergency response and the training, certification and legal requirements associated therewith. HM - hazardous materials. HHW - household hazardous waste. MCU - Mobile Collection Unit. TCEQ — Texas Commission on Environmental Quality. Interlocal Agreement — Household Hazardous Waste Program Page 6 of 21 2. PURPOSE The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort Worth to County whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program, which will be available to households within County as described herein. 3. TERM This Agreement shall be effective from October 1, 2012 or the date the last party has signed this Agreement, whichever is later, through September 30, 2013 however the duties and responsibilities of the Parties for events which occurred during the term of the contract shall survive If County has mobile collection events scheduled during the months of October through December 2013 and this Agreement has not been renewed by the end of the regular term this agreement shall be extended on a month to month basis until the mobile collection events have been completed or cancelled by County 4 SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for County in connection with the ECC household hazardous waste collection program. A. Fort Worth will administer a regional household hazardous waste collection program. This program will include the operation of the Environmental Collection Center, which will accept for disposal and/or recycling household hazardous waste from households located within County. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, or infectious materials; wastes from businesses; or any other wastes that Fort Worth has determined are unacceptable. B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort Worth's obligations in this Agreement. C. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste that is collected at the ECC or during mobile collection events. D. Fort Worth will, if requested in writing by County, provide County with copies of waste manifests for shipments of waste from the ECC. E Fort Worth will, if requested in writing by County, provide County a monthly report of applicable County s households who disposed of household hazardous waste at the Environmental Collection Center or a mobile collection event. Interlocal Agreement — Household Hazardous Waste Program Page 7 of 21 F. Fort Worth will issue a report and an invoice at the end of each quarter detailing the number of County'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 County 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 County'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 County would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, County shall contact the ECC as soon as possible for a list of available dates. The time and location shall be agreeable to both parties. County 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 2013 calendar year on January 2, 2013. To ensure proper notification to TCEQ, events must be scheduled at least sixty (60) days ahead of the proposed date. County acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating each County's request on a first come first served basis. Therefore County acknowledges that its chosen date to schedule a mobile collection event may be reserved by another city and County will have to then choose another date. County will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. (b) Location If County chooses to hold the Mobile Collection Event on private property, County shall obtain a signed waiver from the owner of the property sixty (60) days prior to the event. The waiver shall be in the form of Exhibit B or similar form approved by Fort Worth The signed waiver must be sent to Fort Worth sixty (60) days before the Mobile Collection Event. If the signed waiver is not sent to Fort Worth sixty (60) days before the Mobile Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and County 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 the Mobile Collection Event, County acknowledges and agrees that Fort Worth shall accept household hazardous waste from the first 50 households that show proof of residency at the Mobile Collection Event After the first 50 households, Fort Worth will determine in its sole Interlocal Agreement -- Household Hazardous Waste Program Page 8 of 21 discretion how much more waste it can accept for proper transport back to the ECC. If more households arrive at the event than Fort Worth can accept County will in no event be entitled to any damages or recovery of any costs, except as provided herein. (d) Due to the lack of storage space at the ECC, County acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event a County's MCU shall not also be at the event. (e) Fort Worth, in its sole discretion, will determine whether to send the Fort Worth Mobile Collection Unit to County's Collection Event during adverse weather the threat of adverse weather, or other hazardous conditions including but not limited to sleet, snow, rain, mist or hail. In the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit Fort Worth shall attempt to notify persons listed herein as an "Operational Contact" by the County and shall attempt to send a Fort Worth employee to the County's event to tell any residents that come to dispose of household hazardous waste that the Fort Worth Mobile Collection Unit will not be coming 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. County Mobile Collection Unit: (a) Fort Worth agrees to accept household hazardous waste from mobile collection events conducted by County using County's MCU in accordance with the terms of this Agreement. (b) Fort Worth agrees to restock the items it removes from County's MCU, however, Fort Worth shall only restock items listed in Exhibit "A" attached and incorporated herein as if set forth. 3 Loan of the Reserve Mobile Collection Unit The reserve MCU is a specially designed and equipped thirty-six (36) foot gooseneck box -trailer and one (1) ton pickup owned by Fort Worth. County may request the loan of Fort Worth s Reserve MCU free of charge for use in a Household Hazardous Waste collection event when available. County may use the Reserve MCU to transport HHW to Fort Worth's ECC or another collection center that may lawfully receive HHW. County 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 County and shall notify County as soon as is reasonably practicable of such decision. Fort Worth shall not participate in nor be responsible for any part of the County's HHW Collection Event unless and except by written mutual agreement. (a) 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. County shall be Interlocal Agreement — Household Hazardous Waste Program Page 9 of 21 responsible for all certifications and insurance necessary for the proper operation of the Reserve MCU. (b) County agrees to maintain and return the Reserve MCU in as good condition as it was in when County took possession for use. County shall return the Reserve MCU to Fort Worth in a timely manner and as mutually agreed upon. (c) County shall be responsible for all property damage, personal injury or death caused by County's employees, volunteers, contractors, or agents and ansing 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 COUNTY County agrees to perform the following duties in connection with the household hazardous waste collection program. A. County will designate one of its employees, and another as an alternate to act as its household hazardous waste collection Operational Contact to interact with Fort Worth as designated in this contract B. County will coordinate and fund all program advertising targeted to its own citizens, as it deems necessary. Such advertising shall include the type of wastes that will be accepted at the ECC, the requirement of proof of residency, and weather cancellation information. C. County shall notify its residents of the ECC hours of operation and dates it is closed as provided in Section 9 "The Environmental Collection Center Hours of Operation.' D. County may choose to utilize a voucher system for its residents in order for them to bring HHW to the ECC If County chooses to use such a system, it shall designate so herein and include a copy of the official voucher. In addition, if a citizen from a County that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher, County acknowledges and agrees that Fort Worth will not accept the household hazardous waste until County authorizes the acceptance in writing. E County may submit a written request for a monthly report listing the number of its city's households that have disposed of household hazardous waste at the ECC or a mobile collection event Interlocal Agreement - Household Hazardous Waste Program Page 10 of 21 F. County shall provide traffic control and signage for its mobile collection event, and shall provide personnel to assist Fort Worth with the offloading of material, surveys, and screening of persons dropping off household hazardous waste. Prior to the event, the parties shall agree upon the details of the traffic control, signage and personnel assistance. G. If a County resident presents waste that was collected from multiple households, Fort Worth reserves the right to charge the County based on the total number of households from which the waste originated even if the resident has only one voucher. County shall provide a means for disposing of solid waste (e.g. boxes, trash, containers) on site during a mobile collection event. I. Mobile Collection Events usina Countv's MCU or Reserve MCU 1. County is responsible for proper notification to TCEQ as required by 30. TAC §335.403. 2. County shall advise the ECC at least 72 hours in advance of its mobile collection events. County shall collect only HHW during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. County shall not 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. 3. In accordance with the latest DOT requirements, County's MCU operators will properly categorize, package, mark, label, and Toad 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, County'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. The County'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 Tined cubic yard box and packed and labeled according to federal and state regulations. County shall not transport waste that is not HHW to the Interlocal Agreement — Household Hazardous Waste Program Page 11 of 21 ECC. County 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, County'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. County 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, County'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, County'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 County 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 County's MCU and store the unit at the ECC. After being contacted, County shall pickup their unit within 10 days 9. If Fort Worth, in its sole discretion, determines that County's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and County shall reimburse Fort Worth as set forth herein. 10. If a spill emanating from the County's MCU or the Reserve MCU occurs at the ECC while the MCU is still in County's possession, Fort Worth shall take control of the spill response and County will reimburse Fort Worth for its response costs as set forth herein. 6. USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE A. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the handling collection, transportation, storage, disposal, treatment, recovery and/or reuse of household hazardous waste, from the ECC B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected, (excluding used oil lead -acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating entities against any and all environmental damages and the violation of any and all environmental requirements resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said 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. Interlocal Agreement — Household Hazardous Waste Program Page 12 of 21 THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE COUNTY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE 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 time -to -time Fort Worth will make available to residents and businesses of Fort Worth, as well as, County and residents and businesses of County 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. C. In regards to materials accepted by County, its employees, residents, or any other person 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 COUNTY SHALL NOTIFY RECIPIENTS OF THESE TERMS AND CONDITIONS. D. County shall contact the ECC manager to arrange a pickup time to obtain materials. County agrees that it shall not return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. Interlocal Agreement — Household Hazardous Waste Program Page 13 of 21 E. INDEMNIFICATION REGARDING REUSED OR RECYCLED MATERIALS. 1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY COUNTY, COUNTY 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 COUNTY OF ANY MATERIALS ACCEPTED BY COUNTY UNDER THIS AGREEMENT FROM FORT WORTH. 2. IF COUNTY DOES NOT AGREE TO THE INDEMNIFICATION AND WAIVER IN PARAGRAPH E ABOVE, THEN COUNTY SHALL NOT ACCEPT. NOR ALLOW ANY OTHER PERSON TO ACCEPT ANY OF THE REUSED OR RECYCLED MATERIALS AND SHALL NOT BE REQUIRED TO AGREE TO THE WAI R MARAGRAPH E. Initial here to reject term 7.E 1. and accept alternate term 7.E.2 F. In regards to materials accepted by residents or businesses of Participating Entities, 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; 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 G. County shall attempt to inform its residents and businesses that if they go to the Environmental Collection Center to pick up household hazardous waste for reuse a release of liability must be signed to accept the household hazardous waste for reuse. Interlocal Agreement -- Household Hazardous Waste Program Page 14 of 21 8. RIGHT TO REFUSE WASTE County agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from County or County's resident, if in the reasonable judgment of Fort Worth: A. The waste is not household hazardous waste; B. The waste fails to meet other established criteria established by this Agreement, or that have been established by Fort Worth subsequent to the execution of the Agreement; C. The individual does not have sufficient identification to establish that he/she is in fact a resident of County; D. County 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 persons or property at the ECC 9 ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION A. Hours of Operation During the term of the Agreement, the ECC's 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. Days the Environmental Collection Center will be closed During the term of the agreement, the ECC will be closed on the following holidays that are observed on days the ECC would otherwise be open to the public: Thanksgiving Holiday Thursday, Friday, and Saturday, November 22-24, 2012 Independence Day, Thursday, July 4 2013 In addition to the above closures Fort Worth employees will not be available to conduct mobile collection events on May 25 and August 31 although the ECC will remain open on those days. The ECC may close due to furlough days or other causes, and the City of Fort Worth does not represent to County that the ECC will be open on any particular days. If additional closures due to any cause are necessary Fort Worth will notify County prior to the closure unless due to an unforeseeable event. Remainder of this page intentionally left blank Interlocal Agreement -- Household Hazardous Waste Program Page 15 of 21 C. Notifying Residents County agrees to notify its residents of the ECC's hours of operation and dates it will be closed. County also may advertise the 24-hour Environmental Collection Center telephone number: (817) 871-5257. 10. COMPENSATION As fair compensation for the services provided by Fort Worth pursuant to this Agreement: A. County agrees to pay Fort Worth the sum of $47.00 per household per visit to the ECC (or per participating household in a Mobile Collection Event) to dispose of household hazardous waste. If a County resident presents waste that was collected from multiple households, Fort Worth reserves the right to charge County based on the total number of households from which the waste originated. B. If Fort Worth determines that County's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and County shall reimburse Fort Worth for its staff time at $20.00 an hour and the cost of supplies. C. If a spill emanating from the County's MCU or the Reserve MCU occurs at the ECC while the MCU is still in County's possession, Fort Worth shall take control of the spill response and County will reimburse Fort Worth for its response costs for City staff time ($60.00 per hour) plus the cost of supplies and the actual costs for the spill response and remediation incurred by the City of Fort Worth for third party contractors and responding governmental agencies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs Al B, and C shall be billed to County quarterly. County 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 County in writing that it will not accept any household hazardous waste from County'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 County, which will include the total number of County's households which participated in the program, repackaging fees, if any, and the total cost of spill response charged to County, if any. F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under Subparagraph D. above shall be paid from revenues currently available to County in the present fiscal year. • 11 ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," 'Pestle, 'Scrub," and 'Van Goo") and the recycling buddies ("Scrappy," "Juggles " and "Cana Interlocal Agreement — Household Hazardous Waste Program Page 16 of 21 Nana') "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State A. Fort Worth hereby grants to County a non -transferable, non-exclusive license to use all the artwork and promotional materials that may be provided by Fort Worth to be used solely in the conduct of the business of County's disposal and recycling of household hazardous waste programs. If County wishes to use to Licensed Art and/or Promotional Materials in other limited situations County must first obtain express written consent from Fort Worth. B. Fort Worth may provide licensed Artwork and Promotional Materials to County pursuant to the terms of this Agreement. County acknowledges that by virtue of this License County 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 County wants to modify or change the artwork and/or promotional materials in any manner, County hereby agrees to contact Fort Worth in writing to obtain written consent before modifying or changing any artwork and/or promotional materials If County desires an actor to portray "Captain Crud" for an event, County shall use actors approved by Fort Worth to portray "Captain Crud" since ' Captain Crud" is owned by Fort Worth. County shall be solely responsible for compensating actor for the services provided to County. County 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, County agrees to be liable to Fort Worth for any damage to the costume or if County 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 Entities waives, nor shall be hereby 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. County shall not have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform caused by a force majeure event. Interlocal Agreement — Household Hazardous Waste Program Page 17 of 21 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' "REUSE OF COLLECTED MATERIALS" and "ARTWORK CAPTAIN CRUD AND THE CRUDDIES,' AND "PROMOTIONAL MATERIALS LICENSE AGREEMENT" and any terms and conditions arising from events occurring during the term of the contract . 15. ENTIRETY This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by County and Fort Worth. 16. SEVERABILITY In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 17. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall be in County, Texas. 18. AUTHORITY This Agreement is made for Fort Worth and County as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 19. AUTHORIZATION The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. Interlocal Agreement — Household Hazardous Waste Program Page 18 of 21 SIGNATURE PAGE INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER, HOUSEHOLD HAZARDOUS WASTE PROGRAM CITY OF FORT WORTH By: Fernando Costa Assistant City Mana er Date: !A/2,/,Z APPROVED AS TO FORM AND LEGALITY: (//if.171/ )bi Arthur N Bashor Assistant City Attorney ATTEST: Mary J. Kayse City Secreta C IS 1(1 Contract Authorization Date By: Printed JOHNSON COUNTY =' s .N� \\s nam :Vole!: LLtctr-rinfl Title: Cow-ckg Si,tcte e. Date: q • 2,4 -- APPROVED AS TO FORM AND LEGALITY: 690Ser\PCP‘a 'Z ®o©Q©04 >� Di-str-ict Attorney / Assistant District -Attorney o 0 Cab LL-ni-ey All-ornve---‘6, -Bi I i lire Q ei t, e effiVO 0f ': 0 A q gi g /C 11 0 '� A oo IATTEST: W4 C�o0�41,_�4 ,�,+ e?'A nno <>15141 ,Q,�.p4 kiske) Witness OFFICIAL RECORD ! CITY SECRETARY FT. WORTH, TX Interiocal Agreement — Household Hazardous Waste Program oo(c Page 19 of 21 Exhibit "A" RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT Material 55 gallon open top drums (open top for loose packs) 55 gallon drums (closed top) (oil, antifreeze, bulk flammable materials and one extra) Fiber drums (55 or 30 gallon) Aerosols, acids, bases and oxidizers) Gaylord box liners (plastic) 55 gallon drum liners 5 gallon buckets (filters/haz chemicals) Survey Forms Labels/drum placard Gaylord boxes Absorbent pads Vermiculite Oil dry Promotional Materials & Brochures Amount Restocked Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount taken off the trailer Amount needed Special Needs Remarks Interlocal Agreement — Household Hazardous Waste Program Page 20 of 21 Exhibit "B" WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE I being the owner of property located at have been asked by County to allow a mobile collection event on my property to collect household hazardous waste on , 20 . I 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, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or 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 I may have against the City of Fort Worth or its officers, agents, and/or employees and County or its officers, agents, and/or employees for any property Toss 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 Date Witness Date Interlocal Agreement - Household Hazardous Waste Program Page 21 of 21 JOHNSON COUNTY HOUSEHOLD HAZARDOUS WASTE VOUCHER DATE: PRECINCT: VOUCHER # (Expires 30 days from date of issue) Voucher Information Sheet Name: Street Address: City, State, Zip: Home Phone: Daytime Phone: Was this waste generated by a business? Name of person bring waste to the ECC: Where did you hear about the HHW Program? Have you used the HHW Program before? O Acids O Aerosol Cans O All Batteries O Antifreeze O Brake Fluid O Craft Chemicals O Hobby Chemicals O Degreasers O Drain Cleaners O Fertilizer O Fluorescent Lights O Herbicides O Household Chemicals O Motor Oil O Paints / Stains O Paint Thinners O Pest Strips O Pesticides O Pharmaceuticals O Photo Chemicals O Pool Chemicals O Solvents O Transmission Fluid O Varnishes JOHNSON COUNTY HOUSEHOLD HAZARDOUS WASTE VOUCHER DATE: VOUCHER #. (Expires 30 days from date of issue) This voucher and :your driver's license entitles the Johnson County citizen to take household hazardous waste to the City of Fort Worth Environmental Collection Center. Please read the attached ECC information. for HHW materials that will be accepted. Regular drop off hours are Thurs & Fri 11am-7pm, and Sat 9am-3pm. JOHNSON COUNTY .HAS THE RIGHT TO REFUSE ANY WASTE THAT 1S DEEMED UNACCEPTABLE. Authorized Johnson County official City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8121/2012 DATE: Tuesday, August 21, 2012 REFERENCE NO.: **C-25791 LOG NAME: 20ENVIR COLLECTION CENTER ILA FY2013 PARTICIPATING ENTITIES SUBJECT: Authorize Interlocal Agreements with Various Municipalities and Other Governmental Entities for Participation in the Environmental Collection Center Household Hazardous Waste Program (ALL COUNCIL DISTRICTS) 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 15th 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 2012, through September 30, 2013) is $47.00 per household. It is anticipated that approximately $700,000.00 will be collected under these Agreements. During Fiscal Year 2012, 47 entities signed participation Agreements with the City of Fort Worth. For the upcoming year, it is expected that all of these entities will participate. 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 are expected to execute an Agreement to participate for the period October 1, 2012, through September 30, 2013: Arlington Azle Bedford Benbrook Burleson Cedar Hill Cleburne Colleyville Crowley Euless Hood County Hurst Johnson County Keller Kennedale Lake Worth Lakeside Mansfield Midlothian North Richland Hills S aginaw S herman S outhlake Stephenville Tarrant County Tarrant Regional Water District Trophy Club U pper Trinity Regional Water District Watauga Waxahachie i Glenn Heights Godley Grand Prairie Grapevine Haltom City Haslet Oak Leaf Pantego Parker County Richland Hills River Oaks Roanoke Weatherford Westlake Westover Hills Westworth Village White Settlement FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Transportation and Public Works Department is responsible for collection and deposit of the funds due to the City. FUND CENTERS: TO Fund/Account/Centers R103 488220 0201100 $7001000.00 CERTIFICATIONS: Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS No attachments found. FROM Fund/Account/Centers Fernando Costa (6122) Douglas Wiersig (7801) Michael Gange (6569)