HomeMy WebLinkAboutContract 44924 CITY SECRETARY
CONTRACT No.
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2014
OFFICIAL RECORD
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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 by an through Fernando Costa, its duly authorized
Assistant City Manager and the of ?_ �' , hereinafter referred to as
"Participat�g City" and located in /Czc C nty, Texas acting herein by and
through /� L2s � tf its duly authorized C.. � -
(Name) (Title)
DELIVERY OF NOTICES
Any notices required to be given under this Agreement shall be delivered as follows:
If to Fort Worth:
Michael A. Gange, Assistant Director
TPW- Environmental Management Division
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
If to Participating City:
OPERATIONAL CONTACTS
Participating City's Operational Contact Persons:
Designated person is: .&04 �� telephone number: 9-,17- -�a,,�R-7767
Mobile phone n4-11),L)er(24 hour) where he or she can be reached:-i-7-
Email Address: 11-0 S 14 //-one (.c Z:i�q Y yt Y eufv�
Alternate person is f telephone number: 'S17- &'�5L- 90_-3(,;
Mobile phone number (24-hour)where he or she can be reached: R/7- 5��a- 7Lrs
Email Address: _�/.��//o„�� ® hee //-�,z, r. ;�, tK.• e0,7_
Interlocal Agreement- Household Hazardous Waste Program Page 2 of 21
VOUCHER UTILIZATION
The Participating City:
DOES wish to use a voucher system for its residents visiting the ECC or a mobile event.
XDOES NOT wish to use a voucher system for its residents visiting the ECC or a mobile
event.
If a voucher system will be used only residents with an official voucher provided by Participating
City will be allowed to drop wastes off at the ECC or at mobile events in Participating City. A
copy of the official voucher must be attached to this agreement.
INVOICE DELIVERY
Invoices to Participating City shall be delivered to:
Name
Department(if applicable)
Street Address or PO Box
7
City, State,ZIP U
0
email address for billing questions and corresponddnee
Participating City 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 ofintadono|
cooperation agreements between and among local governments; and
WHEREAS, Texas GOv8rDnn8Dt Code, G791.011 provides that G |Oc8| government may contract
with another local government to perform governmental functions and services, and
§781.003(3)/H\ defines waste disposal as a governmental function and service; and
WHEREAS, Texas Government Code' G791.035 provides that local government may mgnS8
with another local government 1O purchase services; and
WHEREAS, Fort Worth and Participating Qty desire to enter into an inte[|ocB| ag[eannaDt
whereby Fort Worth will purchase the services of o vv8Ste disposal/recycling firm or firms and
will administer a household hazardous waste collection program; and
WHEREAS, Fort Worth and Participating City mutually desire to be subject t0 the provisions Of
Texas Government Code, Chapter 791` also known 8S the |Dte[|OC8| Cooperation Act.
NOW THEREFORE, it is agreed as follows:
1
DEFINITIONS
A. Unless a provision in this Agreement explicitly states otherwise, the fD||OVYiDg terms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act of God rO88DS an act occasioned by the direct, irUrUedi8tS. and exclusive operation
of the forces of nature, uncontrolled Or uninfluenced by the power Of humans and without
hun)@D intervention.
Bill of Lading lists the contents of the mobile co||8C1ioD UDiL
Environmental Collection Center (ECC) means the City Of Fort VVOr1h TPVV'
EnVinDO[neOt8\ KA3nogonneOt Division facility located at 6400 Bridge Street, Fort Worth,
Texas, which is to be used by Fort Worth for the aggregation of household hazardous
vv3S1es that have been brought to the facility by participating cities' households for
subsequent recycling, disposal, and/or reuse.
Environmental damages means all claims, judgments, darnagao. losses, penalties, fines,
liabilities (including strict |i8bi|ih/). encumbrances, liens, COStS, and expenses Of
investigation and defense of any C|airn. whether or not such C|oinn is ultimately defeated,
and of any good faith settlement or judgnoant, of whatever kind Or n8tU[e, contingent or
otherwise, [n81unyd or UD-[DBiu[9d. foreseeable or UOfOreSaeob|e, including without
|irni[@ii0D reasonable attorney's fees and disbursements and consultant's fees, any of
which are incurred subsequent to the 8x8CuUOO of this Agreement as a result of the
handling, cV||8CUOn. tr8DSpUdatioO. storage, disposal, treatment, r8COVen/, and/or reuse
of VV8sie pursuant to this AgreeDlent, or the existence of 8 viO|ohOO of environmental
requirements pertaining to same, and including without limitation:
|nter|oca|Agreement— Household Hazardous Waste Program Page 4cf21
`
(a) Damages for personal injury 8ndde8th' oFi jurytOprDpedvOrn8turB| Res0urc8S;
(b) Fees incurred for the services of atto0eys, coOsVlta[ts, contractors' experts.
|ahor8h3h8S and all other costs incurred in connection with the investigation or
renn8di8UOO of such wastes or violation of environmental requirements iOdVdin0,
but not limited t0, the preparation Of any feasibility studies Or reports Or the
performance Of any deanup, n8nlediaMUn, rennOval, response, abatement,
containment, C|OsU[e, R»Ston8Uon Or monitoring work required by any federal,
state or |0CG| goV8[DOOGOtG| 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 SunlS
due hereunder; and
(C) Liability to any third person or governmental agency to indemnify such p8FSDO or
agency for costs expended in connection with the \te[OS referenced in
subparagraph (b) herein.
Environmental requirements means all applicable present and future atatutes,
nagu|@UODs, ru|aa. ordinances, codes, |icensas, permits, ordens, approvals, p|8Ds.
8utho[izadOnS. COnCesSi0OS` franchises, and similar items, of all gnve[DDl8nt8| agencies,
departments, commissions, boards, hunS8uS, or instrumentalities of the United States,
states, and political Subd\viS|OOS thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders relating to the protection of human health OF
the environment, including without limitation:
(e) All requirements, including but not limited h3 those pertaining to reporting,
|iCeDSiDg, permitting, investigation, and [eUl8di8UOO Of eOni3Si0OS, discharges,
r8|88SeS' Or threatened r8|e3S8S of hazardous nl8tario|s' pollutants,
contaminants, Or hazardous or toxic substances, OOat8ri8|S, or wastes whether
SO|id. liquid, O[ gaseous in nature' into the air. surface water, g[nUndvvotSr. StOrDl
water, or land, or relating to the nl8nuf8ctUre, prUC8SSiDg, diStribuUOn, u5e,
treatment, stDraga, disposal, transport, or handling of pollutants, ContanliDants, or
hazardous or toxic SubStaDCeS, materials, or wastes, whether SO\id. liquid, or
gaseous in nature; and
(b) All requirements pertaining to the prntoCUOD of the health and s8f8b/ of
employees or the public.
Force maieure means decrees of or restraints by a governmental instrumentality other
than the Parties, 8CtS of God, work stoppages due to |8bO[ 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, 8xp\oSiODg,
epidenOica, floodo, eXt[enna weather, [iOtS, vv8r, rebe\\i0n, and sabotage.
Household hazardous waste (HHW) means any solid waste generated ino household by
a consumer which, except for the auC|usiDD provided for in 40 {|FR § 281.4(b)(1), vvOu|d
b8 classified gS8 hazardous waste under 4OCFR Part 2O1.
|nter|oca| Agreement— Household Hazardous Waste Program Page 5of21
Manifest mS8OS the uniform hazardous waste nO8OdeEtfVnU(S) that rnuS< accompany
shipments Ofmunicipal hazardous waste 0rClass 1 industrial solid waste.
Mobile collection event means a household hazardous vvoate collection event by
Parficip8dDg City utilizing a mobile C0U8[tiOO unit.
Mobile Collection Unit (MCU) means a non-self-propelled vehicle used for the periodic
collection Of household hazardous vvoS0a by Participating City, off-site of the ECC, which
i8 transported 8J the EC|C to dispose of the household hazardous vv8StS collected at the
mobile C0||S[tiOn event. Mobile Collection Units OVVOed by Fort Worth are designed 10
hold the hazardous waste Vf approximately 50t075households.
Participating City pn8aOS the municipality which has entered into this agreement with the
Qh/ Df Fort Worth.
Entities,Participating when used in the plural, rOe8n3 Fort Worth, Participating City, and
all other entities which have entered into iDtSdOC8| agreements with Fort Worth for the
ECC household hazardous waste collection program.
Person nna8nS an individual, cO[p0r8tiOn. organization, government, Or governmental
subdivision or agency, business bVSt. partnership, @SsVC\aiiVn. or any other legal entity.
Waste has the same meaning as "solid waste" 8S that term is defined in Texas Health
and Safety Code &961.003' and including hazardous substances.
B. Unless 8 provision in this Agreement explicitly states otherwise, the following
abbreviations, as used in this Agreement, shall have the nnS8OingS hereinafter
designated.
CERCLA - COrnpn8h8DsiVe EVVirODnnSDt8| Response, Compensation, and Liability Act,
its amendments, 8SSDCiaLed case law, and state counterparts.
CPR - cardiopulmonary resuscitation.
DOT - United States Department OfTransportation.
ECC— Fort Worth Environmental {}O||ectiOO Center.
EPA - United States Environmental PnDtaCdOn Agency.
HAZCAT - hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response and the training,
certification, and legal requirements associated therewith.
HM - hazardous materials.
HHVV - household hazardous waste.
MCU - Mobile CO||SCUDO Unit.
TCEQ —TSx8S COrnrniSSioD on Environmental Quality.
|nter|000| Agreement—Household Hazardous Waste Program Page Gof21
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by
Fort Worth to Participating City whereby, subject to the terms and conditions specified be|VVV.
Fort Worth will administer and supervise 8 regional household hazardous vv8Ste QJUecUnn
program, which will be available to households within Participating City as described herein.
3.
TERM
This Agreement Sh8|| be effective from October 1. 2013 or the date the |8St party has Signed this
AgreenleOt, whichever is later, through September 30. 2014; hOvVeVer, the duties and
responsibilities Of the Parties for events which occurred during the term Of the CVOtr8Ct Sh8||
survive. If Participating City has mobile collection events scheduled during the months of
October through DmCmrnbe[ 2014 and this Agreement has not been renewed by the end Of the
regular term, this agreement Sh8|| be extended on a month to month basis Und| the mobile
C0||e[tiOD events have been completed or cancelled by Participating City.
In addition, this agreement may be extended by the duly 8uthOhzed, nnutu8|, and written
agreement of the parties for up to three /3\ additional one-year terms..
4.
SERVICES OF FORT WORTH
Fort Worth agrees to perform the fO||Ovving services for Participating City in connection with the
ECC household hazardous vVagta CO||eCtiVO program:
A. Fort Worth will administer a regional household hazardous vv3Ste collection program.
This prOgnBnl will include the operation of the Environmental Collection Center, which
will accept for disposal and/or recycling household hazardous waste from households
located within Participating City. Fort Worth Sh@|| not accept compressed f|arOnn8b|a gas
containers; radioactive materials; explosives or potentially shock sensitive materials;
biological, eti0|ngic. Or iD6eoU0Us 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 o cVDtr8ot/S\ with 8 vvoSte disposal/recycling firm(s) for the
h@nd|ing, collection, tr3nSpnrt8UOn. storage, diSp0S8|. tFeatrnent. recovery, and/or reuse
of household hazardous waste that is CO||e[tmd at the ECC Or during mobile collection
events.
D. Fort Worth will, if requested in writing by Participating City, provide Participating City with
copies of waste UlanihaStS for shipments of waste from the ECC.
E. Fort Worth Yvi||, if requested in writing by Participating City, provide Participating City a
monthly report Of the Participating City's households who disposed of household
hazardous vvaSUa at the Environmental Collection Canter or B mobile collection event.
|ntedoce| Agreement— Household Hazardous VVasha 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 Participating City's households that disposed of household hazardous waste
8t the Environmental Collection Center or3t mobile collection events.
G. Fort Worth will act under this Agreement in 8CCO[d8Vc8 with all applicable state and
federal |8vvs.
H. Mobile Collection Events
Participating City may schedule a mobile collection event to be operated by Fort Worth
personnel using One of Fort Worth's MCUS Or conduct their own mobile Co||8ofioO events
using either Participating City's MCU or Fort Worth's Reserve MCU (as available). State
regulations require notification to the Texas COnlOniSSion DO Environmental Quality
(TCEC)\ at least 45 days prior to conducting the event.
1. Fort Worth Operated Events:
If Participating City vYOu|d like to schedule 8 nnOb{|e Cn||eoUOn event with the Fort
Worth K4Obi|S Collection Umit, Participating City shall contact the ECC as soon as
possible for list of available dates. The time and |OCaiioO shall be Bg[e88b|8 to
both parties. Participating City may schedule one mobile CO||8CtiOn event each
contract year. Fort Worth will file notification of the event with TCE(] as required
by30TACG335.4O3.
(a) Scheduling Events
FO[1 Worth will begin scheduling DODhi\e collection events for the 2014
calendar year on January 2. 2014. To ensure proper notification k» TCE[}.
events rnuS1 be scheduled at least sixty /GO\ days ahead of the proposed
date. Participating City acknowledges that Fort Worth contracts with other
municipalities and that Fort Worth will be 8coornnnOdoUOg each
Participating City's request On 8 DrS[ 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 CnS1S, except as provided
herein.
/b\ Location
|f Participating City chooses tOhold the Mobile Collection Event Onprivate
p[Dpedx. Participating City shall obtain a signed waiver from the ovVO8r of
the property sixty (0D) days prior tOthe event. The waiver shall be in the
form Of Exhibit 8 or similar form approved by Fort Worth. The signed
waiver must be sent to Fort Worth Sinh/ (00) days before the Mobile
Collection Event. If the signed waiver is not sent to Fort Worth sixty (50)
days before the Mobile Collection Event, Fort Worth will not send the Fort
Worth Mobile Collection Unit to the event and Participating City will, in no
event, be entitled to any damages or recovery of any cos1s, except as
provided herein. All events must be held Onon impervious surface.
(c) At the Mobile Collection Event, Participating City acknowledges and
agrees that Fort Worth shall accept household hazardous waste from the
first 50 households that show proof of residency at the Mobile Collection
Event. After the first 50 hOV5ehO|dS. Fort Worth will determine in its So|a
discretion how much more vvoata it can accept for proper transport back
\nter|moa| Agreement—Household Hazardous Waste Program Page 8nf21
to the EC[}. If more households arrive at the event than Fort Worth can
accept, Participating City will in no event be entitled to any damages or
recovery of any costs, except as provided herein.
(d) Due to the lack of storage space at the ECC. Participating City
acknowledges and agrees that if it requests the Fort Worth Mobile
COUeoUOO Unit at 8 mobile collection event, o Participating City's W1CU
shall not also be at the event.
(e) Fort Worth, in its So|S discretion, will determine whether to send the Fort
VV0dh Mobile {|n||8oUOO Unit to Participating City's Collection Event
during adverse vveother. the threat Of adverse weather, Or Other
hazardous conditions including but not limited 0o 3|88t, 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 CODt8C1" by the Participating City and shall attempt to
send a Fort Worth employee to the Participating City's event to tell any
residents that c0nn8 to dispose of household hazardous waste that the
Fort Worth Mobile CD||*oUon Unit will not be coming to the event, but the
resident can gOtO 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\ Fort Worth agrees to accept household hazardous VV8St8 from mobile
collection 8v8nh3 conducted by Participating City using Participating City's
K4CU in accordance with the t9rrn3 of this Agreement.
(b) Fort Worth agrees to restock the items it removes from Participating City's
MCU, h0YVeVe[. Fort Worth shall only restock items listed in Exhibit "A",
attached and incorporated herein aSif set forth.
3 Loan of the Reserve Mobile Collection Unit
The reserve MCU is a specially designed and equipped thirty-six (30) foot
gooseneck box-trailer and One (1) ton pickup owned by Fort Worth. Participating
C\h/ may request the loan Of Fort Worth's Reserve WqCU free Of charge for use in
a Household Hazardous Waste oo||e[1i0n event when available. Participating City
may use the Reserve &qCU to transport HHVVto Fort Worth's ECC or another
collection center that may |avvfV||y receive HHVV. Participating City shall provide
Fort Worth with a written request, f8oSirni|e or e-mail at least sixty (60) days prior
t0 the event date for which the request is made. Fort Worth shall have SO|e
determination whether the Reserve M(|U is 8Vei|8b\e for use by Participating City
and Sh8|| notify Participating City assoon as is reasonably pn8cUCab|8 of such
decision, Fort Worth shall not participate in nor be responsible for any part of the
Participating City's HHVV Collection Event Un|e3S and except by written mutual
agreement.
(2) Fort Worth shall disclose any known pr0b|mnnS the Reserve M{|U may
have in performing the tasks necessary for the HHVV Collection Event.
Prior to issuance of the Reserve MCU, o pre-trip inspection for potential
maintenance problems will be preformed by Fort Worth. A|SO, both parties
|nter|ona| Agreement— Household Hazardous Waste Program Page Qof21
will complete pre-trip aesthetic aSS8SSDl8DL Participating City shall be
responsible for all certifications and insurance necessary for the proper
operation Of the Reserve W1CU.
(b) Participating Dih/ agrees to maintain and return the Reserve K0CU in as
good condition as it was in when Participating Qh/ tnOh poSSSSSi0O for
use. Participating City Sh8U return the Reserve &4CU to Fort Worth in 8
timely manner and as mutually agreed upon.
(C) Participating City shall be responsible for all property d8Ol8ge, pgnSOD3|
injury Or death caused by Participating City's ernp|Oye8S, volunteers,
cOntr8otOrs. Or agents and arising out Of the use Of the Reserve K8Ci]
during the term nf this Agreement.
(d) It is expressly understood and agreed that, in the eXGouU0O of this
/\grSenO8nt. neither of the parties waives, nor shall be deemed hereby to
VvoiYe. any immunity Or defense that vvnu|d otherwise be available to it
against claims arising in the exercise Of governmental powers and
functions. By entering into this Agreement the parties do not intend to
create any obligations, expressed Or implied, other than those set forth
herein and this Agreement shall not create any rights in parties not
signatories hereto.
5.
DUTIES OF PARTICIPATING CITY
Participating City agrees to perform the following duties in connection with the household
hazardous waste collection program:
A. Participating City will designate one nf its employees, and another as an alternate, tOact
as its household hazardous waste collection Operational Contact to interact with Fort
Worth 8S designated on the signature page tn this contract.
B. Participating City will coordinate and fund all program advertising targeted to its oVv0
ciUzens, as it deems D*oeSS8ry. Such advertising shall include the type of wastes that
will be accepted at the ECC. the requirement Of proof of residency, and weather
oenCe||aUDn information.
C. Participating City Sho|| 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. Participating City may ohOOSe to utilize @ voucher system for its residents in order for
them to bring HHVVto the ECC. If Participating City chooses to use such @ system, it
shall designate so herein and include 8 copy of the nffioi8| voucher. In addition, if
citizen from o Participating City that utilizes e voucher system oOrn8s t0 the ECC or
mobile collection event without 3 voucher, Participating City acknowledges and agrees
that Fort Worth will not accept the household hazardous waste until Participating City
authorizes the acceptance iOwriting.
|nter|oca| Agreement— Household Hazardous Waste Program Page 1Oof21
E. P@[h[jpaUDg City 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 o[ 8
mobile collection event.
F. Participating City Sh@U provide traffic control and SigDage for the mobile collection even[
and shall provide personnel to assist Fort Worth with the offloading of material, surveys,
and screening of persons dropping off household hazardous vv8S[8. Prior to the 8ment,
the parties shall agree upon the details of the traffic control, Signoge, and personnel
assistance,
G. If 8 Participating City resident presents vv@Ste that was collected from rnu|Up|a
hOuSeho|ds. Fort Worth reserves the right to charge the Participating City based On the
total number of households from which the waste originated even if the resident has only
one voucher.
H. Participating City shall provide a means for disposing of solid vv8St8 (e.g. boxes, trash,
containers) oD site during 8mobile collection event.
1. Mobile Collection Events using Participating City's MCU or Reserve MCU
1. Participating C\h/ is responsible for proper notification to T(}E{) as required by
30 TAC §335.403.
2. Participating City shall advise the ECC at least 72 hours in advance of its mobile
cVUe[1)0n events. Participating City shall collect only HHVV during m mobile
Cn||ecdiOn event. Wastes from CornrnerCia|. @yhcu|tun@|. and industrial sources
shall not be accepted. Participating City shall not accept compressed flarnnl8b|8
gas containers; radioactive materials; explosives or potentially shock sensitive
materials; biO|OgiC8|. DhO|OgiC, or infectious materials; or any Other vv8St8S that
Fort Worth has determined are unacceptable.
3. In aCCOrdonna with the latest O[)T RaqWirerDeDts, Participating Cih/`S MCU
operators will properly categorize, package, [D@rk. |@b8|. and load into the MCU,
all wastes received at the rOObi|a 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 recyc|@b|es.
4. After accepting vv8SteS' Participating City's MCU operators shall thoroughly
Check each container for proper labeling and identification. If 8 container is
properly identified, the material will be segregated according to hazard class and
prepared for packaging. If container does not have adequate labeling to permit
identification, the N1CU operators Sh8|| then attempt to identify the material from
its physical characteristics using HAZC/g- analysis and from information provided
by the household presenting the waste.
5. The Participating City's W1CU operators shall package all h@Z@rd0US materials in
accordance with United 8t8t8S Department Of Transportation (DOT)
requirements, United States Environmental FzrOb3oUOn 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,
|nter|ooa| Agnoement— Household Hazardous VVmnte Program Page 11 of 21
and pack them into drums. Oil-based paints and latex paints Sh8U be bulked
S8po[@te|y in 55-gallon dnJDls, or if the point i8 left in its container, the paint CaO
be packed in 8 lined cubic yard box, and packed and labeled according hmfederal
and state neOU\aUODs. Participating City shall not transport waste that is not HHVV
to the ECC. Participating City agrees to make its ovvD arrangements to dispose of
any non-HHVVwaste collected at the event.
0. Prior to transporting the HHVV from the oo||actiOD event site, Participating City's
MCU operators shall complete 8 E|i|| of Lading, and Sh8|| keep the Bill of Lading
in the cab of the t[UOh hauling the MCU during t[3DspOrtQUOD of the HHVV to the
ECC. Participating City Sh8|| require that a nnininnVDO of one copy of the latest
North American Emergency Response Guidebook be kept within the cab of the
truck.
7. During transportation, Participating City's K8CU operators Sh8|| placard the M{|U
for transportation of hazardous waste in accordance with federal and state law.
8. Upon the return of the MCU to the E{|C. Participating City's MCU operators Sh8||
follow the instructions of Fort Worth regarding the p|8CerDont of the MCU for
unloading. Fort Worth shall take poSS8SSiun of the MCU from Participating City
after the MCU has been properly parked for unloading in accordance with Fort
Worth's instructions and all required documents have been delivered tothe ECC
OOan8g8[ or his designee at the ECC. Fort Worth Sh8||. within 8 reasonable
onnouO[ of time, Un|Oed the HHVVfrom the Participating City's MCU and store the
unit at the E{}C. After being contacted, Participating City shall pickup their Unit
within 10 days.
Q. If Fort Worth, in its sole discretion, determines that Participating City's MCU
operators improperly packaged any of the HHVV delivered to the ECC, Fort Worth
oho|| repackage such waste, and Participating City shall reimburse Fort Worth as
set forth herein.
10. If spill emanating from the Participating City's MCU or the Reserve M{}U Oooura
at the ECC vvhi|8 the K8CU is still in Participating City's possession, Fort Worth
Sh8|| take control of the spill response and Participating City will r8innbU[S9 Fort
Worth for its response costs mS set forth herein.
0.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into @ contract(s) with a vv8Ste disposal/recycling firm(s) for the
handling, oo||ectiwn, transportation, stor8ge, diSpoS8|, treatment, recovery. and/or reuse
of household hazardous waste, from the EC{|.
B. Such firrn(a) aha|| be required pursuant to the onUtraoUa) to assume generator status for
the waste collected, (excluding used 0i|. lead-o6d batteries and antifreeze) to choose 8
disposal site for the waste subject to Fort Worth's epprov8|, and to indemnify Fort Worth
and participating CidoS against any and all environmental damages and the violation of
any and all envi[OOrnontm| requirements resulting from the handling, oo||eCdOn.
1nanSport81ion. Storage, diapo8@|, treatment, recovery, and/or recycling of waste collected
pursuant to this agreement, when said environmental damages or the violation of said
|ntedooa| Agreement— Household Hazardous Waste Program Page 12of21
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. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED
TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE
PARTICIPATING CITY 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, Participating City and residents and businesses of Participating City
for their use, collected household hazardous waste materials that are suitable for reuse,
such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any
materials that are 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 Participating City, 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. PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF
THESE TERMS AND CONDITIONS.
Interlocal Agreement— Household Hazardous Waste Program Page 13 of 21
D. Participating City shall contact the ECC manager to arrange a pickup time to obtain
materials. Participating City agrees that it shall not return to Fort Worth, directly or
indirectly, any materials it obtains from Fort Worth under this paragraph.
E. INDEMINIFICATION REGARDING REUSED OR RECYCLED MATERIALS.
1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY
PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS,
INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS
HARMLESS THE CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS,
EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND
PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS,
DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY
ARISE BY REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO
PROPERTY, OR LOSS OF USE OF ANY PROPERTY , OCCASIONED BY THE
TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY
PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY
UNDER THIS AGREEMENT FROM FORT WORTH.
2. IF THE PARTICIPATING CITY DOES NOT AGREE TO THE INDEMNIFICATION
AND WAIVER IN PARAGRAPH E ABOVE, THEN THE PARTICIPATING CITY 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 WAIVER IN PARAGRAPH 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 Cities,
FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES
THAT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
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 unirripaired 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.
Interlocal Agreement— Household Hazardous Waste Program Page 14 of 21
G. Participating City shall attempt to inform its residents and businesses that if they go to
the Environmental Collection Center to pick up household hazardous waste for reuse, 8
release of liability must be signed to accept the household hazardous waste for reuse,
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth ShoU have the right to refuse 10 accept waste at the
ECC from Participating City or Participating City's reSideO1, if in the n38S0O@ble judgment of Fort
Worth:
A. The waste iS not household hazardous waste;
B. The waste fails to meet other established criteria established by this AgFeement, or that
have been established bv Fort Worth subsequent buthe execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact
resident ofParticipating City;
D. Participating City has iOOplero8nted 8 V0UCh8r system for its residents 1D dispose of
waste, and the individual does not have 8 valid voucher; Dr
E. The VvoSt8 or the individual presents 8 hazard to the ECC or to persons or property at
the ECC.
Q.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours ofOperation
During the term of the Agreement, the ECC's hours of operation are as follows:
Thursday and Friday 11:00 a.FO. -- 7:00 p.m.
Saturday 9:00 a.m. -- 3:00 p.m.
B� Days the Environmental Collection Center will beclosed
During the term of the agreement, the ECCvviU be closed DD the following holidays that
are observed ondays the ECC would otherwise be open tV the public:
Thanksgiving Holiday, Thursday and Friday. November 28-29, 2013
Independence Ooy' Fhday, July 4, 2014
In addition to the above doSun8S Fort Worth employees will not be available to conduct
mobile collection events on May 24, 2014 and August 30. 2014 although the ECCvvU|
remain open on those days. The ECC may close due 1ofurlough days or other causes,
and the City Of Fort Worth does not represent to Participating City that the ECC will be
open on any particular days. If additional closures due to any cause are necessary Fort
Worth will notify Participating City prior to the closure unless due to an unforeseeable
event.
\nter|oca| Agreement— Household Hazardous Waste Program Page 15of21
C. Notifying Residents
Participating City 8gnaeS to notify its residents of the ECC'S hours of operation and dates
it will be closed. Participating C\h/ also may advertise the 24-hour EDViFOODleDC8|
Collection Center telephone number: /817\ 871-5257.
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. Participating City agrees to pay Fort Worth the SUnn of $47.00 per household per visit 1O
the ECC (o[ per participating household in a Mobile CO||eCUVn Event) to dispose Of
household hazardous waste. |f8 Participating City resident presents vv8Ste that was
collected from OOU|dp\a households, Fort Worth reserves the right to charge the
Participating City based OD the total DU[Ohe[ of households from which the YYgsie
Originated.
B. If Fort Worth determines that Participating City's MCU operators improperly packaged
any of the HHVV delivered to the ECC. Fort Worth shall repackage such waste, and
Participating City shall naiDlbunSe Fort Worth for its staff time at $20.00 an hour and the
cost 0fsupplies.
C. {f8 spill emanating from the Participating City's MCU or the Reserve MCU OCCur5 at the
ECC while the MC[l is still in Participating City's p0sS8SSiOD. Fort Worth shall take
control Of the spill response and Participating City will reimburse Fort VVOdh for its
response costs for City staff time /$80.08 per hour) plus the COS1 of supplies and the
actual costs for the spill response and peOnediobOn incurred by the {|ih/ Of Fort Worth for
third party contractors and responding governmental agencies.
D. The aOlOUOt due to Fort Worth for services provided under this SeCUOn, Paragraphs A,
B. 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 dOaS not receive
payment within 30 days, Fort Worth ah8|| inform Participating City in writing that it will not
8Coapt any household hazardous waste from Participating City's residents and that Fort
Worth will not participate in 3 nOObi|o collection event or provide a mobile Co||mC1iOn unit
until paid.
E. At the end of the term of this Agreement, Fort Worth Sh8|| provide a final accounting to
Participating City, which will include the total number of Participating City's hOuSahO\da
which participated in the prOgraDl, repackaging feeo, if aOy, and the total cost Of spill
response charged tn Participating City, if any.
F. Pursuant to the requirements Of Government Code §791.011 /g\(3), the amount due to
Fort Worth under Subparagraph D. above shall be paid from revenues currently
available to Participating City in the present fiscal year.
11.
AFlTW{}RR. "CAPTAIN CRUD AND THE CF(U[}D|ES," AND PF{[)M[)T|{}NAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddieo /,^B|omnmer'°" "Otto," °°[»esdo.
`,Scrub."° and "`*an Gmx»`,\ and the recycling buddies /^^Sorappy," "Juggles," and and °Cana
Nana") "Conquer Your Crud," and "Crud Cruiser~, and therefore all ownership rights belong
Interlocal Agreement— Household Hazardous Waste Program Page 16 of 21
to Fort Worth. Fort Worth has registered these nn8rkS as service marks with the Secretary of
State.
A. Fort Worth hereby grants to Participating City 8 non-transferable, non-exclusive license
UJ use all the artwork and pR]DlodOO8| nn8teh8|S that may be provided by Fort Worth 03
be Used solely in the conduct of the business of Participating City's disposal and
recycling of household hazardous waste ppOgr8nlS. If Participating City wishes to use to
Licensed Art and/or PrOrnOUnDa| K88terio|S in Other limited SituoUOnS. Participating City
must first obtain express written consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and PrOOnDboO8| K4oteri8|S 8} Participating City
pursuant to the terms Of this Agreement. Participating C|b/ acknowledges that by virtue
of this License, Participating City acquires only the right to use the original and permitted
duplicate copies Of the Licensed Artwork and Promotional W18teri8|S and does not
acquire any rights Of ownership in the Licensed Artwork and PrOrnOtiOO8l Materia|S,
which rights shall remain exclusively with Fort Worth. If Participating City wants to modify
or Change the artwork and/or prOOnOdOn8| rn8t8[i8|S in any manner, Participating Qb/
hereby agrees to contact Fort Worth in writing to obtain written consent before modifying
or changing any artwork and/or promotional rn8t8[i@|S.
C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating
City shall use 8CtOnG approved by Fort Worth to portray "Captain Crud" since "Captain
Crud" is owned by Fort Worth. Participating City shall be SO|e|y responsible for
compensating actor for the services provided to Participating City. Participating City will
contact Fort Worth as soon as possible with the date and time of the event agreeable to
both parties to obtain approval for the chosen actor and to request and pickup the
"Captain Crud" ooStunn8 for its events. Fort Worth will provide the "Captain Crud"
costume. However, Participating City agrees to be liable to Fort Worth for any damage to
the CogtUUl8 or if Participating City fails to return the entire CoS1unne to Fort Worth or if
the COsiurOe is not returned in the same condition as received.
12.
IMMUNITY
It is expressly UOde[StOOd and agreed th8t, in the exeCUUVD of this Agreement, OVOe Of the
Participating Cities waives, nor shall be hereby deemed to waive, any immunity or defense that
vv0u\d otherwise be available to it against C|aiOOS arising in the exercise of governmental pOvvenS
and fVnChOnS, and that the services described in this Agreement are a governmental function.
15.
FORCE MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agn38nnSnt shall be excused
to the extent that the delay or failure to perform resulted from a force nna|Sure event, and the
delay or failure was beyond the COOtR3| of Fort Worth and not due to its fault or negligence.
Participating City shall not have. and hereby vv8iv8S' any C|ai[D whatever for any damages
resulting from delays or failure to perform caused by m force rn jeVre event.
|ntednoa| Agreement— Household Hazardous Waste Program Page 17of21
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 Participating City and Fort Worth.
16.
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason
be 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 Tarrant County, Texas.
18.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement,
pursuant to Texas Government Code, Chapter 791.
19.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending such authority
have been duly passed and are now in full force and effect.
Interlocal Agreement—Household 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 CITY OF
By: By'
Fernando Costa Printed name: (1i It�4��
Assistant City a alter Title;G' �r �� ad6, u_
Date: Date:
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY: AND LEGALITY:
a--4,,-z4 I"�)i eq-,�
Arthur N. Bashor City Attorney 1 Assistant City Attorney
Assistant City Attorney
ATTEST: ... ATTEST:
ar
City J.
e rary� � City Secretary tY Se
Contract Authorization
Date
r °SECRETARY
I ,' WOR
r
Interlocal Agreement—Household Hazardous Waste Program „„ r'g 19 of 21
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Material Amount Restocked Special Needs Remarks
55 gallon open top Amount taken off the
drums(open top for trailer
loose packs
55 gallon drums(closed Amount taken off the
top)(oil, antifreeze, bulk trailer
flammable materials
and one extra
Fiber drums(55 or 30 Amount taken off the
gallon)Aerosols, acids, trailer
bases and oxidizers
Gaylord box liners Amount taken off the
(plastic) trailer
55 gallon drum liners Amount taken off the
trailer
5 gallon buckets Amount taken off the
filters/haz chemicals trailer
Survey Forms Amount taken off the
trailer
Labels/drum placard Amount taken off the
trailer
Gaylord boxes Amount taken off the
trailer
Absorbent pads Amount taken off the
trailer
Vermiculite Amount taken off the
trailer
Oil dry Amount taken off the
trailer
Promotional Materials & Amount needed
Brochures
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 the City of to allow a mobile collection
event on my property to collect household hazardous waste on the , 20
1 hereby give my permission to the City of and the City of Fort
Worth, to hold a household hazardous waste collection event on my property in which the City
of has asked the City of Fort Worth to send its mobile
collection unit to collect the household hazardous waste that is brought to the event.
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of
Fort Worth or its officers, agents, and employees and the City of
and its officers, agents, and/or employees for any and all claims, demands, liability, causes of
action, actions or suits of any character that I may have against the City of Fort Worth or its
officers, agents, and/or employees and the City of or its officers,
agents, and/or employees for any property loss or damage, for any and all personal injury
including death or any other damage of any kind or character which may arises or that arises
from allowing the City of to hold a household hazardous waste
collection event, in which the City of Fort Worth sends its mobile collection unit on my property.
I have read this Waiver and Release and fully understand its terms and conditions. I have not
been influenced in any extent whatsoever by any representation or statements not contained in
this Agreement.
Signature Date
Witness Date
Interlocal Agreement— Household Hazardous Waste Program Page 21 of 21
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