HomeMy WebLinkAboutContract 44957 CITY SECRETARY )tl 6, .
CONTRAM N0a mw INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2014
CITY OF STEPHENVILLE
OFFICIAL RECORD
CITYSECRETARY
F WORTH9 7X
�'ECEIVE� OCT .. 7 1i7i3
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT RTHIS
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, a home-rule
munici'pall corporation situated in Tarrant, Denton, Parker! and Wise Counties, Texas,
hereinafter called "'Fort Worth,"' acting by and through Fernando Costa, its duly authorized
Assistant City Manager and the City of Ste Denville , hereinafter referred' to as
"Participating City" and located in Erath County,1 Texas acting herein by and
through Jera K.Weld on, 111 its dully authorized Mpyor
(Name) (Title)
DELIVERY OF Noon ES
Any notices requ,ilred, to be given ulndle,r this, Agreement shall, be delivered as follows.-
If to Fort Worth-,
Michael A. Gange, Assistant Director
TPW— Environmental Management Division
City of Fort Worth
11 000 Throe Orton
Fort Worth, Texas, 76,102
If to Participating City'-
Nick Williams
Director of Public Works
298 W. Washington
Stephenville, TX 76401
OPERATIONAL, CONTACTS
Participating City's Operational Contact Persons:
D,elsi,giniated person i& NickWilhams telephone number. (254) 915-1223
Mobile phone number (24-hour) where he; or she can be reached- (254)485-1776
Email Address- nwill7ams!2ci.steehenvillle.tx.us
Alternate person, IS Gary Hunt telephone number- (254) 918-1;235
Mobile phone number (24-hour) where he or she can be reached, (254),485-11769
Email Address, ghunt@ci,stephenvi11eAx.us
�nterlocal Agreement— Household Hazardous Wasteo Program Page 2 of 21
.................................... —,...........................
VOUCHER UTILIZATION
The Participating City:
DOES wish to use a voucher system, fir its residents visiting the ECC or a mobile event.
DOES NOT is to use a voucher system for its residents visiting the E,CC 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 d�rop wastes off at the ECC or at mobile events in Participating City. A
copy of the officiall voucher, must be attached to this agreement.
INVOICE DELIVERY
Invoices, to Participating City shall be delivered to
Nick Williams
Name
irectir of' Public Works
Deplartment(if appilicable)
298 W. Wasihingt,on
Street Address or PO Box
Step e nvilll:e, TX 764011
City,State,ZIP
nwilliams@ci.stephenvil�le.tx.us
email address for billing questions and corres; ndence
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 Wastp,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, §791.0,11' provides that a local' government may contract
with another local government to perform governmental functions and services, and
§791.0103(3)(H) defines waste disposal as a governmental function and service; and
WHEREAS, Texas Government Code, §,7911.025 provides that a local government may agree
with another local government to purchase services- and
WHEREAS, Fort Worth and Participating City desire to enter, into, an interlocal agreement
whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and
will administer a household hazardous waste collection program% and
WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of
Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act.
NOW THEREFORE, it is agreed as follows-
1'.
DEFINITIONS
A. Unless a provision in this Agreement, explicitly states otherwise, the following terms and
phrases, as used in this Agreement, shall have the meanings hereinafter designated.
Act of God means an act occasioned by the direct, immediate, and exclusive operation
of the forces of nature,I 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 -JECC) means the City of Fort Worth TPW-
Environmental Mianaglement Division facility located at 6400 Bridge Street, Fort Worth,
Texas, which is to be used by Fort Worth for the aggregation, of household i hazardous
wastes that have been brought to the facility by participating cities' householl�ds for
sulbseq!ulenit recycling, disposal, end!/or reuse.
Environmienitiall daimaqes, 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
otherwisey matured or un-matured,I 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 withou!t l'imitation:
Interiloca,l Agreement- Holuslehoild Hazardous Wast,48rograrri 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 oir reports or the
performance of any cleanup, re mediation, removal, response,I abatement
contain ent, 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 reguirements, means all applicable present and future statutes,
regulationsl rules, ordinances, codes, licenses, per mits, orders, approvals, plans,
authorizations,, concessions, franchises, and similar sterns, 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,
licensingl, permitting, investigation, and remeldiation of' emissions, discharges,
rell�easels, 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,I or
gaseous in nature; and
(b) All requirement's pertaining to the protection of the health and safety of
emplloyees, 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 agireemients 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 (HHM means any solid waste generated in a, household by
a consumer which, except for the exclusion provided for in 40 CF'R § 261.4(b)(1), would':
be classified as a hazardous: waste under 40 CF'R 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 so�l�ild waste.
Mobile collection event means a household hazardous waste collection event by
Participating City utilizing a mobile collection unit.
Mobile Collection Unit(MCU) means a non-self-pro ►elled vehicle used for the periodic
collection of' household hazardous waste by Participating City, off-site of the ECC, which
is transported to the ACC to dlispose of the household hazardous waste collected at the
mobile collection event. Moblile Colllectiion Units owned by Fort Worth are designed to
hold the hazardous waste of approximately 50 to 75 households.
Participating City means the municipality which has entered into, this, agreement with the
City of Fort Worth.
Particip,ating Entities, when used in the plurall, means Fort Worth, Participating City', and
all other entities which have entered into in�teirlocal agreements with Fort Worth for the
EC,C 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 Reispon e, Compensation, and Liability Act,
its amendments, associated case law, and state counterparts.
CPR - cardiopulmonary resuscitation.
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.
HIS - hazardous materials.
HHW- household hazardous waste.
MCCU - Mobile Collection Unit.
TCEQ - Texas Commission on Environmental Quality.
Interlocal Agreement- Household Hazardous Wasta Rrograrn Page 6 of 211
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 below,
Fort Worth will administer and supervise a regional household hazardous waste, collection
program, which will be available to households within Participating City as described herein.
3.
TERM
This Agreement shall be effective from October 1, 2013 or the date the last party as signed this.
Agreement, whichever is later, through September 30, 2014- however, the duties and
responsibilities of the Parties for events which occurred during the term of the contract, shall
survive. If Participating City has mobile collection events scheduled during the months of
October through December 2,014 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 Participating City.
I
In addition, this agreement may be extended by the duly authorized, mutual, and written
agreement of the parties for up to three (3) additional one-year ter s..
SERVICES OF FORT WORTH
Fort Worth agrees, to perform the following services for Participating, City in connection with the
ECC household: hazardous waste collection program.-
A. Fort Worth gill administer a regional household hazardous, waste collection program.
Thi's program will include the operation of the Environmental Collil�ect'i'on Center, is
will accept for disposal and/or recycling household hazardous waste from households
located within Participating City., Fort Worth, shall not accept compressed flammable gas
containers; radioactive m terilia,l!s; explosives or potentially shock sensitive materials;
biologicall 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 l: to provide the services necessary to perform
Fort Worth's obligations in this Agreement.
C. Fort Worth will enter into a contracts) with a waste disposal/recycling firm(s) for the
handling, collection, transpoirtatioln�, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste that is collected at the EC C or during mobile collection
events.
D. Fort Worth will, if requested in writing!, by Participating City, provide Participating City with
copies of waste manifests for shipments of waste from the ECC.
E. Fort Worth will, if requested in writing by Participating City, provide Participating City a
monthly report of the Participating City 11 s, households who disposed of household
hazardous waste at the Environmental Collection Center or a mobile collection event.
Inte,rlocal 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 Participating City's households that di isposied of household hazardous waste
at-the Environmental Collection Center or at mobile collection events.
G. Fort, Worth will act under, this Agreement in accordance, with all applicable state, and
federal laws.
H. Mobile Collection Events
Participating City may schedule a m�oblile collection event to be operated by Fort Worth
personnel using one of Fort Worths MC Us or conduct their own mob�ille collection events
using either Participating, city's MCU or Fort Worth's Reserve MCU as available). State
regulations require, notification to the Texas Commission on Environmental Quality
(TCEQ) at least 45 days prior to conducting the event.
1 Fort Worth Operated: Events-
If Participating City would like to schedule a mobile collection event with the Fort
Worth Mobile Collection Unit, Participating City shall contact the ECC, as soon as
possible for a list of available dates. The time and location shall be agreeable to
both parties. Participating City may schedule one mobile collection event each
contract year. Fort Worth will file notification of the event with TCEQ as required
by 30 TAC §335.403.
(a), Scheduling Events
Fort Worth will begin scheduling mobile collection events for the 2014
calendar year on January 2, 2014. To ensure proper notification to TCEQ,i
events, must be scheduled at least sixty (60) days ahead of the proposed
date., Participating City acknowledges that Fort Worth contracts with other
municipalities and that Fort Worth will be acclommiodatingi each
Participating Ciity's request on a first come first served basis. Therefore,
Participating City acknowledges that its chosen date to schedule a mobile
collection event may be reserved by another city and Participating City
will' have to then choose; another date. Participating City will,, in no event,,
be entitled to any damages or recovery of any costs, except as provided
herein.
(b) Location
If Participating City chooses to hold the Mobile Collection Event on private
property,i Participating City shall obtain a signed waiver from the owner of
the property sixty (60) days prior to the event. The waiver shall be in the
for of Exhibit B or similar form approved by Fort Worth. The signed
waiver m� ust be sent to Fort Worth sixty (6101), 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 Participating City will, in no
event, be entitledi 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, Participating City acknowledges and
agrees that Fort Worth shall accept household hazardous waste from the
first 510 households that show proof of residency at the Mobile Collection
Event. After the first 50 households, Fort Worth wil'l determine in its sole
discretion how much more waste it can accept for proper transport back
Inter'local Agreement-Household Hazardous Waste.,Program Page 8 of 21
to the ECC. 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
Collection Unit at a mobile collection event, a Participating City's MCU
shall not also be at the event.
(e) Fort Worth, in its sole discretion, will determine whether to send the Fort
Worth M�oblile Collection Unit to Participating City'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, Miobli�le
Collection Unit, Fort Worth shall attempt to noti'fy persons l!is,ted herein as
an "Operational Contact" by the Participating City and shall attempt to
send a Fort Worth em ogee to the Participating City's event to tell any
residents, that come to dispose of household hazardous waste that the
Fort Worth Mobile Collection Unit, will not be 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. Participating City Mobile Collection Unit-
(a) Fort Worth agrees to accept household hazardous waste from mobile
collection events, conducted by Participating City using Participating City's
MCU in accordance with the terms of this Agreement.
(b) Fort Worth, agrees to restock the items it removes from Participating City's
MCU, however, Fort Worth shall only restock items listed in Exhibit Jill All
attached and incorporated herein as if set forth.
3 Loan of the were Mobile, Coillectiion Unit
The reserve, MCU is a specially designed and equipped thirty-six (36) foot
gooseneck box-trailer and one (1) ton pickup owned by Fort Worth. Participating
City may request the loan of Fort Worth's Reserve MCU free of charge for use in
a Household Hazardous Waste collection event when available. Participating City
may use the Reserve IVICU to transport HHW to, Fort Worth's ECC or another
collection center that may lawfully receive HHW. Participating City shall provide
Fort Worth with a written re neat, facsilmille or e-mail at least sixty (60), days prior
to the event date for which the request is made. Fort Worth shall have sole
determination whether the Reserve MCU is available for use by Participating City
and shall notify Participating City as soon as is reasonably practicable of such
decision. Fort Worth shall not participate in nor be responsible for any part of the
Participating City's HHW Collection Event unless and except by written mutual
agreement.
(a) 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 1 CU, a Aire-trip inspection for potential
maintenance probilem�s, will be preformed by Fort Worth. Also, both parties
Interlocal Agreement- Household Hazardous Waste.Program Page 9 of 21
will complete a pre-trip aesthetic assessment. Participating City shall be
responsible for all certifications and insurance necessary for the proper
operation of the Reserve MCU,
(b) Participating City agrees to maintain and return the Reserve MCU in as
good condition as it was in when Participating City took possession, for
use. Participlating City shall return the Reserve MCU to, Fort Worth in a
timely manner and as mutually agreed upon.
(c) Participating City shall be responsible for all' property damage, persona�l
injury or death causeldi by Participating City's employees, volunteers,
contractors, or agents and arising out of the use of 'the Reserve MCU
during the term of this Agreement.
(d) It is expressly understood and agreed that, in the execution of this
Agreement, neitheir 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 obiligations, expressed or implied, other than those set forth
herein and this Agreement shall not create any rights, in parties not
s,iginatories hereto.
5,.
DUTIES OF PARTICIPATING CITY
Part'iciplating City agrees to perform the following duties in connection with the household
hazardous waste collection program-.
A. Participating City will designate one of its employees, and another as an alternate, to act
as its household hazardous waste collection Operational Contact to interact with Fort
Worth as designated on the signature page to this contract.
B. Participating City 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. Participating City shall notify its iresidents of the ECC, hours of operation andi dates it is
closed as provided in Section 9 "The Environmenita�l Collection Center Hours of
Operation."
D. Participating City may choose to utilize a voucher system for its residents in order for
them to bring H HW to the ECC. If Participating City 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 Participating City that utilizes a voucher system comes to the ECC or a
mobile collection event without a volucher, Participating City acknowledges, and agrees
that Fort Worth will not accept the household hazardous waste until Participating City
authorizes the acceptance in writing.
Interl'ocal Agreement- Household Hazard!ous WasteP,,rograrn Page 10 of 21
E. Participating City may submit a written request for a mointhily report listing the number of
it city's households that have disposed of household hazardous waste at the ECC or a
mobile collection event.
F. Participating City shall provide, traffic control and signag�e for the mobile collection event,
and shall provide personnel to assist Fort Worth with the offloading of material, surveys,
and screening of persons dropping ng off household hazardous waste. Prior to the event,
the parties shall agree upon, the details of the traffic control, siginage, and personnel
assistance.
G. If a Participating City resident presents waste that was collected from rriultiple
households,, 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 waste (e.g. boxes, trash,
coint�aiiners) on site during a mobile collection event.
1. Mobile Collection Events u inq Participating Citv 1s MCU or Reserve MCU
°'1. Participating City is responsible for proper notification to TCEQ as required by
301 TAC §335.403.
2. Participating City shall advise the ECC at least 72 hours, in advance of its mobile
collection events. Participating City shall collect only H',HW during a mobile
collection event. Wastes from commercial, agricultural, and industrial sources
shall not be accepted. Participating City 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, Participating Cityll s MCU
operators will properly categorize, package, mark, label, and load into the MC,U,
all wastes received at the mobile collection event. Recyclable products (used oil,
used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, and
fluorescent lights) will be segregated into, containers for recyclables.,
4. After accepting wastes, Participating City's MCU operators shall thoroughly
check each container for proper labeling and identification. If a container is
properly identified, the material will be segregated according to hazard class and
prepared for packaging. If a container does not have adequate labeling to, permit
identification, the MCU operators shall then attempt to identify the material from
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting: the waste.
5. The Participating Gitys MCU' operators shall pack age all hazardous, materials in
accordance with U nited 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, llist them on the container content sheets,
i
Initerlocal Agreement- Household Hazardous Waste Program Page 11 of 21
and pack them into drums. Oil-based paints and latex paints shall be bulked
separately in 55-gallon drums, or if the paint is left in its container, the paint can
be packed, in, a lined cubic yard box,, andi packed' and labeled according to federal
and state reguilations. Participating City shall not transport waste that is not HHW
to the ECC. Participating City agrees to make its own arrangements to dispose, of
any non-HHW waste collected at the event.
6. Prior to transporting -the HHW' from the collection event site, Participating City's
M,CU operators shall complete a Bill of Lading, and shall keep the Bill' of Lading
in the cab, of the truck hauling the MCU during transportation of the HHW to the
ECC. Participating City shall require that a minimum of one copy of the latest
North American Emergency Response Guidebook be kept within the cab of the
truck.
7. During transportation, Participating City's MCU operators shall placard the MCU
for transportation of hazardous waste in accordance with federal and state law.
8. upon the return of the MCU to the ECC, Participating City's MCU operators shall
follow the instructions of Fort', Worth regarding the placement of' the MCU for
unloading. Fort Worth shall take possession of the MCU from Participating, City
after the MCU has been properly parked for un�lolading in accordance with Fort
Worth'i s instructions and all required documents have been delivered to the EC C
manager or his designee at the ECC. Fort Worth shall, within a reasonable
amount of time; unload the HHW from the Participating City's MC Ul and store the
unit at the, ECC. After being contacted, Participating City shall pickup their unit
within 10 days.
9. If Fort Worth, in its sole discretion,, determines that Participating City's MC U'
Operators improperly packaged any of the HHW delivered to the ECC, Fort Worth
shall repackage such waste, and Participating City shal�l reimburse Fort, Worth as
set forth herein.
10. If a spill emanating from the Participating City'l s, MC or the Reserve MCU occurs
at the EC C while the MC U is still in Participating City's possession, Fort Worth
shall take control of the spill response and Participating City will reimburse Fort
Worth for its response costs as set forth herein..
6.
USE OF WASTE, DISPOSAURECYCLING 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 ECG .
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 approva,l, and to indemnif y Fort Worth
and participating cities against any and alli environmental damages, and the violation of
any and all environmental requirements resulting from the handling, collection,
transportation, storage, disposal, treatment, recovery, and/or recyc,ling, of waste collected,
pursuant to this agreement, when said environmental damages or the violation of said
Interlocal Agreement- Household Hazardous Wasta Program Page 1 2 of 21
environmental requiremlents was the result of any act or omission of contractor, its
officers, agents, em loo ees,, or subcontractors, or,the Joint act, or omission of contractor,
I
its officeirs, a n�ts, employees, or subcontractors and any, other, person or entity.
I
PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL, BE REQUIRED,
TO ASSUME GENERATOR S,TA� , THIS ASSUMPTION WILL NOT' RELIEVE
PARTICIPATING CITY' OF' LIABILITY FOR THE WASTE UNDER FEDERAL LAW
AND STATE LAW. Fort Worth wiil�l, arrange for recycling vendors for used oil, batteries,1
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 Plarticii plating City
for their use,, collected household hazardous waste materials that are suitable for reuse1
such as plaint, fertilizer, motor olil, and antifreeze. Fort Worth shall snot 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 pr,ioir to being made available. Used antifreeze will have been consollidated in
a barrel,l filtered, an H balanced, and new antifreeze may have been addled 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 cont ents 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 quialiity intended for its use',
4. the contents, of the container have been stored properly,
5. the instructionis, on the container label for use, storage,, and first aid are current or
correct)
6. the con�tainer is in unimpaired condition,
7. the product is, still approved for, use (i.el., it has not been banned or recalled); and
8. the product can be used withou�t risk to persons, pr r the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE,
SPECIFICALLY DENIED. PARTICIPATING CITY SHALL NOTIFY RECIPIENTS OF
THESE TERMS AND CONDITIONS.
interlocal Agrelement- Household Hazardous,Wasita,Program Page 13 of 21
D. Participating City shall contact the E 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. INDEMINIFICATI�ON REGARDING REUSED OR RECYCLED MATERIALS.,
1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED, BY
PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS1,1
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,i EXPENSES OF LITIGATION,, OR CAUSES OF' ACTION WH�ICH 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, ST GE, 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 la el 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 irecalled); and
8. the, product can be used without risk to persons, property or the environment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DENIED.
1:
Interlocal Agreement ireement Household Hazardous Waste.Plrolg�ram, Page 1 4 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, a
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 shall have the right to, refuse to accept waste at the
i
ECC from Participating City or Participating City's resident, if in the reasonable,judgment of Fort
Worth:
A. The waste is not household hazardous waste;
B. The waste fails to meet olther 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 sulifficient identification to establish that he;/she is in fact a
resident of'Participating City;
D. Participating City has implemented' a voucher system for its residents, to dispose of
waste, and the individual doles 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 E .
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
C uringi the term of the Agreement, the ECUs hours of operation are as follows:
Thursday and Friday 11:00 a.,m�. -- 7:0O p.m.
Saturday 9:00 a.m. 3:00 p.m..
B. Days-the, Environmental Collection Center will be closed
During -the term of'the agreement, the ECC will be closed on the followings holidays that
are observed on days the ECC would otherwise be open to the public:.
Thanksgiving Holiday, Thursday and Friday, November 2829,1 2013
Independence Day, Friday,l Juily 4,, 20,14
In addition to the above closures Fort Worth employees will not be available to conduct
mobile collection events on May 24y 201�4 and August" 301 20114, although the ECC wild
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 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 u�nless, due to an unforeseeable
event.
Interlocal Agreement- Household Hazard�ous Waste
I ,Rroig ram Page 15 of 21
C. Notifying Residents,
Participating City agrees to n�o�tify its, residents of the ECCs hours of operation and dates
it will be closed. Participating City a�ls,o may advertise the 24-,hour Enviro�nmenta�ll
Collection Center telephone number.- (8,17), 871-5517.
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 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 Participating City resident presents waste that was
collected from multiple households, Fort, Worth reserves the right to charge the
Participating City based on the total number of households from which the waste
origiinated.
B. If Fort Worth determines that Participating City's MCU operators, improperly packaged
any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and
Participating City 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 Participating City's MCU or the Reserve MCU occurs at the
ECC while the MCU is still in Participating City's possession, Fort Worth shall take
control of the spill response and Participating City will reimburse Fort Worth for its
response costs 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 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 does not receive
payment within 30 days; Fort Worth shall inform Participating City in writing that it will not
accept any household hazardous waste from Participating City's residents and that Fort
Worth will not participate in a mobile collection event or provide a mobile collection unit
until paid.
E. At the end, of the term of this Agreement, Fort Worth shall provide a final accounting to
Participating City, which will include the total number of Participating City's households
which participated in 'the program, repackaging fees, if any, and the tota,l:, cost of spill
response charged to Participating City, if any.
F. Pursuant to the requirements of Government Code §7'91.011 (a)1(3), the amount due to
i
Fort Worth under Subparagraph D�. above shall be paid from revenues currently
i
available to Participating City in the present fiscal year.
11.
ARTWORK, "CAPTAIN! CRUD AND THE C,RUDDIES,"'AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of ""Captain Crud" and the Cruddies ("Billoomer," "O to," "Pestie,
"Scrub," and "Van Goo"), and the recycling buddies ("Scrappy," "Juggles," and "'Cana
Nana") "Conquer Your Crud," and ':'Crud Cruiser", and therefore all ownership, rights belongi
I:nterloical Agreement—HouseholdHazardous Waste-Rrogralm Page 16 of 2,11
to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of
State.
A. Fort Worth hereby grants to Participating City a non-transferable, non-exclusive license
to use all the artwork and promotional material's that may be provided by Fort Worth to
be used solely in the conduct of the business of Participating City's disposal and
recycling of household hazardous waste programs. If Participating City wishes to use to
L,iice:nlsed Art and/or Promotional Materials in other limited situations, Participating City
must first obtain express,written consent from Fort Worth.
B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City
pursuant to the terms of this Agreement. Participating City acknowledges, that by virtue
of this License, Participating City acquires only the right to use the original and permitted
duplicate copies of the Licensed Artwork and Promotional Materials and does not
,acquire any rig�hits, of ownership in the Licensed Artwork and Promotional Materials,
which rights shall remai exclusively with Fort Worth. If Participating City wants to modify
or change the artwork and/or promotional materials in any manner, Participating City
hereby agrees to contact Fort Worth in writing to obtain written consent before modifying
or changing any artwork and/or promotional materials.
C. If Participating City desires an actor to portray "'Captain, Crud" for an event, Participating
City shall use actors approved by Fort Worth to portray "'Captain Crud" since "Captain,
Crud" is owned by Fort Worth�. Participating City shall be solely responsible for
compensating actor for the services provided to Participlating City. Participating City will
contact Fort Worth as soon as possible with the date and time of't the event agreeable to
both parties to obtain approval for the chosen actor and to request and plickup the
""captain Crud:" costume for its events. Fort Worth will provide the "Captain Crud"
costume. However, Participating City agrees to be liable to Fort Worth for any damage to
-the costume or if Participating City fails to return the entire costume to Fort Worth or if
the costume is not returned in the same condition as received.
12.
IMMUNITY
It is expressly understood and agreed that, in the execution of this Agreement, none of the
Participatingi Cities naives, nor shall be hereby deemed to waive, any immunity or defense that
would otherwise be availabile 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 MIAJEURE
A delay or failure, of Fort Worth to perform services pursuant to this Agreement shill be excused
to the extent that the delay or failure to perform resulted from a force majeure event, and the
delay or failure was beyond the control of Fort Worth and not due to its fault or negligence.
Participating City shall, not have, and hereby waives, any claim whatever for any damages
resulting from delays or failure to perform caused by a force majeure event.
i
Interlocal Agreement- Household Hazardous Walt, i?., rograrn Page, 17 of 21,
1
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without
cause, upon: thirty 3 Mays written notice to the other party. Upon termination,, the parties shall
he released fr
om III � ntr tu�l hl�� t� n tt the th r arty e. Flu, in "US F STF
DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD L HAZARDOUS WASTE "REUSE
COLLECTED ATERIALS an "ARTWORK, "CAPTAIN CRUD AND THE CR IES," Al!
"PRO -1110NAL MATERIALS LICENSE AGREEMENT and any terms and c r itions r .
sin
from events occurring during the term of the contract .
15.
ENTIRETY
This Agreement contains all commitments and Agreements of the parties heretol, and no other
oral or written commitments shall have any force or effect if not contained herein, except that
this Agreement can he amended or modified by the parties if such amendment or modification is
in meriting and s,igneld by Participating City and Fort Worth.
6.
In the event anyone or more of the provisions contained in this Agreement shall for any reason
he, held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenferc a illity shall not affect any other provision thereof and this Agreement shall he
construed as if such invalid, illegal,, r unenforceable provisions had never been contained
herein.
7.
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.
181.
AUTHORITY
This Agreement is made for Fort Worth and Participating City as n I terlocal Agreement,
pursuant to Texas Government Code, Chapter 7911.
1 .
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 her,etoi,i and
each party hereby certifies to the gather that any necessary resolutions extending such authority
have been ' ply pass,ed and are new in full force and effect.
Interl'ocel Agreement— Household hazardous v°`ast Rr grata IPa e 18 of 2
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR, PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER, HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH CITY OF STEPHENVILLE
err
Fernando, Costa Printed ham Jerry K.Weldon, 11
r
Assistant City ;7/9 er Title-'.Ma or
Date Date*
APPROVED AS TO, FORM APPROVED AS T01 FORM
AND LEGALITY- AND LEGALITY:
Arthur N. Bashor y Assistant City Attorney
Assistant Ci�t'y Attoirney
"sow
I j
EST ST-
ATT .- A
J. Ray -U City Sec re,
City Secretary
Contract A thorization
Date
OFFICIAL RECORD
CITY SECRETARY
"a WORTHY TX
Interlocal Agreement— Household Hazardous Waste2rograrn e19 of 21
"All"
Exhibit
RESTOCKING, LIST FOR THE MOBILE COLLECTION UNIT
Materiall Amount Restocked Specliall Needs Remarks,
55 gallon open top Amount taken off th�e
drums (open top for trailer
loose earc ks,),
55 gallon drums (closed Amount taken off the
top) (oil, antifreeze, bulk trai!ler
flammable materials
and on�el,extra)
Fiber drums (55 or 30 Amount taken off the
gall ),Aerosols, acids, trailer
bases,and oxidizers)
Gaylord box liners Amount taken off the
(plactic j__-- trailer
55 gallon drum Iii ers, Amount taken ff'the
trailer
5 gallon buckets Amount taken off the
(filters/haz chemicals), trailer
Suirvey Forms Amount taken off the
trailer
Labels/drurn placard Amount taken off the
trailer
Gaylord boxes Arniount taken cif'the,
trailer
Absorbent pads Amount taken off the
trailer
Vermiculite Amount taken off the
trailer
it d'ry Amount taken off the
trailer
Promotional Materials & Amount needled
Brochures
In'terlocal Agreement—Household Hazardolus Wastp,R rog ram Page 2 0 of 21
Exhibit"B"
WAIVER AND RELEASE OF LIABILITY FOR COLLEcTiONOF 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 , 2
I hereby give nay permission to the City of and the City of Fort
c...,,,rth,.... to hold a household hazardous, waste, collection event.. can my property in wh�ich the City
of has asked 'the City of fort Worth to send its mobil e
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, agients, and employees, and the pity of
and its officers, agents, and or employees for any and all claims, d' mand , l'iabillity, 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 anises 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 Cate
Witness Cate
Interlocal Agreement- household Hazardous Wastp," 'vast Program Page ' of 21
Xb