HomeMy WebLinkAboutContract 44984 CITY
1
I NTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOU'SE'HOLD, HAZARDOUS WASTE PROGRAM
FY2 1
Hurst
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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 and through Fernando Costa, its duly authorized,
Assistant City Manager and the City of Hurst i' hereinafter referred to as
I"Participating City" and located in Tarrant County, Texas acting herein by and
through Allan Wee gar its duly authorized City,Manager
(Name) (Title)
DELIVERY OF' NiOTICES
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:
Jerry Joslin
Environmental Specialist
2001 Precinct Line Road
Hurst, TX76054
OPERATIONAL CONTACTS
Participating City's Operational Contact Persons:
Designated person: is: Jerry Joslin telephone number: 817-788-7217
Mobile phone number(24-hour)where he or she can be reached: 817-6813-5102
Email Address: �oslin!2hursRx.gov
Alternate person is Gary Van Voorhis telephone number- 817-788-723,7
Mobile phone number(24-hour)where he or she can be reached: 817-9'75-3382
Email Address: gvanvoolrhis@hursttx.gov
Interloical AgreementHousehold Hazardous Waste Program, Page 2 of 2,1
VOUCHER UTILIZATION
The Participating, City:
DOES wish to use a voucher system for its residents visiting the ECC or a mobile event.
DOES NOT wish to use a voucher system for its residents visiting the E 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 MW shall be delivered to:
Jerry Joslin
Name
Environmental Services
Department if applicable)
2001 Precinct Line Road
Street Address or PO Box
Hurst, TX 76054
City,State,ZIP
jjoslin@hu:rsttx.gov
email address for billing questions and correspondence
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
Initerlocal Agreement—Household Hazardous Waste Program Page 3 of 21
WITNESSETH
WHEREAS, Texas Government Code, Chapter 7911, authorizes the formulation of i'n:terlocal
cooperation agreements between and among local governments; and
WHEREAS, Texas Government Code, §791.011 provides that a local government may contract
with another local government to perform, governmental functions and services, and
§791.003(3)(H) defines waste disposal as a governmental function and service; and
WHEREAS, Texas Government Code, §791.025 provides that a local, government may agree
with another local government to purchase services; and
WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement
whereby Fort Worth will purchase the services of a waste disposal recycling fiirm or firms and
will administer a household hazardous waste coilliection 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 InterloGal Cooperation Act.
NOW THEREFORE, it is agreed as follows:
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
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of the forces of nature, uncontrolled or uninfluenced by the power of humans, and without
human intervention.
Bill of Lading lists the contents of the mobile collection unit.
Environmental Collection Center (Ecc means the City of Fort Worth TR W-
Environmental Management Division facility located at 6400 Bridge Street, Fort Worth,
Texas, which is to be used by Fort Worth for the aggregation of household hazardous
wastes that have been brought to the facility by participating cities' households for
subsequent recycling, disposal, and/or reuse.
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Environmental daimacies,means alll,claims,judgments, damages, losses, penalties, fines,
liabilities (including strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim,,I whether or not' such claim is ultimately defeated,
and of any good faith settlement or judgment, of whatever kind or nature, contingent or
otherwise,I matured or un-matured, foreseeable or unforeseeable, includ�ing, 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 refuse
of waste pursuant to this Agreement, or the existence, of a violation of environmental
requirements pertaining to same, and including without limitation:
Interlocal Agreement-Household Hazardous Waste Program page 4 of 21
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(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigation or
remediation of such wastes or violation of environmental requirements including,,
but not limited to, the preparation of any feasibility studies or reports or the
performance of any cleanup, remediation, removal, response; abatement,
containment closure,l 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 regu ire ments means all applicable present and future statutes,
regulations, rules, ordinances, codes,, licenses, permits) orders, approvals, plans„
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authorizations, concessions, franchises, and similar items,, of all governmental agencies,
departments, commissions, boards, bureaus„ or instrumentalities of the United States,
states,l and political subdivisions thereof and all applicable judicial, administrative, and
regulatory, decrees, judgments, and orders relating to the protection of human health or
the environment, including without limitation:
(a) All requirements, including but not limited to those pertaining to reporting,
licensing, permitting, investigation, and remediation of emissions, discharges,
releases, or threatened releases of hazardous materials, pollutants,
contaminants, or hazardous or toxic substances, materials, or wastes whether
solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm
water, or land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, or handling of pollutants, contaminants,, or
hazardous or toxic substances,, materials,, or wastes,: whether solid,, liquidly Or
gaseous in nature, and
(b) All requirements pertaining to the protection of the health and safety of
employees or the public.
Force maieure means decrees of or restraints by a governmental instrumentality other
than the Parties, acts of God, work stoppages due to labor disputes or strikes, failure of
Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for
the conduct of the collection of household hazardous waste, fires, explosions,
epidemics, floods, extreme weather, riots, war, rebellion, and sabotage.
Household hazardous waste (H means any solid waste generated in a household by
a consumer which, except for the exclusion provided for in 40 CFR, § 2161.4(b (1), woulid
be classified as a hazardous waste under 40 CF R Part 261.
Interlocaf 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" indulstrial sollid waste.
;on event means a household h�az,a�rdou�s waste collection event by
,Mobile collie-icti,
Participating City utilizing a mobile collection unit.
M� oibille Collection Uinit fIVICU-) means a non-self-propelled vehicle used for the periodic
collection of household hazardous waste by Participating City, off-site of the ECC, which
is transported to the ECC to dispose of the household hazardous waste collected at the
mobile collection event. Mobile Collection Units owned by Fort Worth are designed to
hold the hazardous waste of approximately 50 to 75 households.
Participating City means the municipality which has entered into this agreement with the
City of Fort Worth.
Participating Entities, when used in the plural, means Fort Worth, Participating City, and
all other entities which have entered into interlocal agreements with Fort Worth for the
ECC household hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental
subdivision or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid wash"' 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.
CE LA - Comprehensive Environmental Response, Compensation:, and Liability Act,
its amendments, associated case law, and state counterparts.
CPR -cardiopulmonary resuscitation.
DOT- United States Department of Transportation.
ECC-Fort Worth Environmental Collection Center.,
EPA- United States,Environmental Protection Agency_
HAZCAS"- hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response and the training,
certification, and legal requirements associated therewith.
HIVI - hazardous materials.
HHW- household hazardous waste.
MCU - Mobile Collection Unit.
TCEQ-Texas Commission on Environmental Quality.
Interlocal Agreement-Household Hazardous Waste Program Page 6 of 21
2.
PURPOSE
The; purpose olf'th�iis interl�oc,al ag�releimeint (hereafter "Agreement") is the, pirolv�is,ion of services by
Fort Worth to Participating City whereby, subject to: the te�rm�s and conditions specified below,1
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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 has 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 2014 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
c,ol�l�eiction events, have been completed or cancelled by Participating City.
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 terms..
4.
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 will administer a regional household hazardous waste collection program.
This program will include the operation of the Environmental Collection Center, which
will accept for disposal and/or recycling household hazardous waste from households
located within Participating City. Fort Worth shall not accept compressed flammable gas
containers; radioactive materials; explosives or potentially shock sensitive materials;
biological, etiologic,, or infectious materials; wastes from businesses, or any other wastes
that Fort Worth has determined are unacceptable.
B. Fort Worth will employ or retain personnel to provide the services necessary to perform
Fort Worth's obligations in this Agreement.
C. Fort Worth will enter into a contract(s) with a waste disposal/recycling firm(s) for the
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste that is collected at the ECC or during mobile collection
events.
D. Fort Worth will, if requested in writing by Participating City, provide Participating City with
copies of waste manifests for shipments of waste from the ECC.
.1 1 1 city E. Fort Worth wi�l�l 1 if re,quewriting sted in writing by Participating City, provide Participating C a
monthly report of the, Participating City's h�olusiehoilds who disposed of household
hazardous waste at thee Environmental Collection Center or a mobile collection event.,
Intedocal 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 disposed of household hazardous waste
at the Environmental Collection Center or at mobile collection events.
G. Fort Worth will act under this Agreement in accordance with all applicable state and
federal laws.
H. Mobile Collection Events
Participating City may schedule a mobile collection eivent to be operated by Fort Worth
personnel using one of Fort Worth's MCUs or conduct their own mobile collection events
using either Participating City's MCU or Fort Worth's Reserve MCU (as available), State
regulations, require notification to the Texas Commission on Environmental, Quality
(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 EC C as soon as
possible for a l'i,st 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 20:14
calendar year on January 2, 2014. To ensure proper notification to TCE,Q,,
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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 accommodating each
Participating, City's request on a first come first served basis., Therefore,
Participating City acknowledges that its chosen date to schedule a mobile
collection event may be reserved by another city and Participating, City
will have to then choose another date. Participating! City will, in no event,
be entitled to any damages or recovery of any costs,, except as provided
herein.
(b) Location
If Participating City chooses,to hold the Mobile Collection Event on private
property, Participating City shall, obtain a signed waiver from the owner of
the property sixty (60) days prior to the event. The waiver shall be in the
form of Exhibit B or similar form approved by Fort Worth. The signed
waiver must be sent to Fort Worth sixty (60) days before the Mobile
Collection Event. If the signed waiver is not sent to Fort Worth sixty (60)
days before the Mobile Collection Event, Fort Worth will not send the Fort,
Worth Mobile Collection Unit to the event and Participating: City will, in no
event, be entitled to any damages or recovery of any costs, except as
provided herein. All events must be held on an impervious surface.
(c) At 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 households, Fort Worth will determine in its sole
discretion how much more waste it can accept for proper transport back
Interlocal 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 IVICU
shall not also be at the event.
(e) Fort Worth, in its sole discretion, will determine whether to send the Fort
Worth Mobile Collection Unit to 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 Mobile
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Collection Unit? Fort Worth shall attempt to notify persons listed herein as
an "Operational Contact" by the Participating City and shall attempt to
send a Fort Worth employee to the Participating City's event to tell any
residents that come to dispose of household hazardous waste that the
Fort Worth Mobile, Collection Unit will not be 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 "A",
attached and incorporated herein as if set forth.
3 Loan of the Reserve Mobile Collection, Unit
The reserve MCU is a specially designed and equipped thirty-six (36) foot
gooseneck box-trailer and one (1); ton pickup owned by Fort Worth. Participating
City may request the loan of Fort Worths Reserve MCLI1 free of charge for use in
a Household, Hazardous Waste collection even,t,when available. Participating City
may use the Reserve MCU 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 request, facsimile or e-mail at least sixty (60) days prior
to the event date for which the request is made., Fort Worth shall have sole
determination whether the Reserve MCU, is available for use by Participating 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
ag reement.
(a) Fort Worth shall, disclose any known problems the Reserve MCU may
have in performing the tasks necessary for the HHW Collection Event.
Prior to issuance of the Reserve MCU, a pre-trip inspection for potential
maintenance problems will be preformed by Fort Worth. Also, both parties
Interliocal Agreement—Household Hazardous Waste Program Pagie 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. Participating City shall return the Reserve MCU to Fort Worth in a
timely manner and as mutually agreed upon.,
(c) Participating City shall be responsible for all property damage, personal
injury or death caused by Participating City's employees) volunteers,
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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, neither of the parties, waives, nor shall, be deemed hereby to
waive, any immunity or defense that would otherwise be available to it
against claims arising in the exercise of governmental powers and
functions. By entering into this Agreement the parties do not intend to
create any obligations, expressed or implied, other than those set forth
herein and this Agreement shall not create any rights in parties not
signatories hereto.
5.
DUTIES OF 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 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 EC,C, the requirement of proof of residency, and weather
cancellation information.
C. Participating City shall notify its residents of the ECC hours, of operation and dates it is
closed as provided in Section 9 "The Environmental Collection Center Hours of
Operation."
D. Participating City may choose to utilize a voucher system for its residents in order for
the to bring HHW 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 voucher, Participating City acknowledges and agrees
that Fort Worth will not accept the household hazardous waste until l Participating City
authorizes the acceptance in writing.
Interlocal Agreement—Household Hazardous Waste Program Page 1 0 of 21
E. Participating 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 EC,C or a
mobile collection event.
F. Participating, City shall provide traffic control and signage for the mobile collection event,
and shall provide personnel to assist Fort Worth with the offloading of material, surveys,
and screening of persons dropping off household hazardous waste. Prior to the event,
the parties shall agree upon the details of the traffic control, signage, and personnel
assistance.
G. If a 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 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,
containers) on site during a mobile collection event.
I. Mobile Collection Events using Pa,rtici ating ��L's MCU or Reserve MCU
1 Participating City is responsibly for proper notification to TCE,Q as required by
3:0 TAC §335.403l.
21. Participating City shall advise the ECC at least 72 hours in advance of its mobile
collection events. Participating City shall collect only HHW during a mobile
collection event. Wastes from cornmercial, 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
t=ort worth has determined are unacceptable.
3. In accordance with the latest DOT requirements, Participating, City's MCU
operators will properly categorize, package, mark, label, and load into the MCU,
all wastes received at the mobile collection event. Recyclable products (used oil,
used oil filters, latex paint, recyclable anti freeze, lead-acid batteries, and
fluorescent lights)will be segregated into containers,for recyclables.
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 doles not have adequate labeling to permit
identification, the MCU operators shall then attempt to identify the material f'rolml
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste.,
5. The Participating City's MCU operators shall package all hazardous materials in
accordance with United States Department of Transportation (DOT)
requirements, United States Environmental Protection Agency (EPA)
requirements; and all other applicable federal and state requirements. After all,
the wastes have been properly identified and segregated, the MCU operators will
reexamine the wastes for compatibility„ list them on the container content sheets,
Interlocal 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, and packed and labeled according to federal
and state regulations. 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-H HW waste collected at the event.
6. Prior to transporting the HHW from the collection event site, Participating City's
MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading
in the cab of the truck hauling the MCU during transportation of the HHW to the
ECC. Participating 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 unloading in accordance with Fort
Worth's instructions and all required documents have been delivered to the ECC
manager or his designee at the ECC. Fort Worth shall, within a reasonable
amount of time, unload the HHW from the Participating City's MCU 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 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 as
set forth herein.
10. 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 as set forth herein.
6.
USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE
A. Fort Worth will enter into a contract(s) with a waste disposal/recycling f rm(s) for the
handling, collection,,transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste, from the ECC.
B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for
the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a
disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth
and participating cities against any and all environmental damages and the violation of
any and all environmental requirements resulting from the handling, collection,
transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected
pursuant to this agreement, when said environmental damages or the violation of said
Interlocal Agreement—Household Hazardous Waste Program Page 12 of 21
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, bafterie:s,
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 pity and residents and businesses of Participating City
for their use, collected household hazardous waste materials that are sul:itable 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
as 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"I' AT:
1. the container contents are what the label indicates;
2. the container contents are those originally placed into the container by the
manufacturer;
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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 oir
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
J 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 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.
Interlocal Agreement— Household Hazardous Waste Program Page 14 of 21
113 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
ECC from Participating City or Participating City's resident, if in the reasonable judgment of Fort
Worth:
A. The,waste is not house�hoild hazardous waste-,I
B. The waste fails to meet other established criteria established by this Agreement, or that
have been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a
resident of 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 ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours,of Operation
During the term of the Agreement, the ECC's hours of operation are as follows:
Thursday and Friday 11:00 a.m. -- 7:00 p.m.
Saturday 9:00 a.m. -- 3:00 p.m.
B. Days the Environmental Collection Center will be closed
During the term of the agreement, the ECC will be closed on the following holidays,that
are observed on days the ECC would otherwise be open to the public:
Thanksgiving Holiday, Thursday and Friday, November 28-29, 201
Independence Day, Friday, July 4, 2014
In addition to the above closures Fort Worth employees will not be available to conduct
mobile collection events on May 24, 2014 and August 30, 2..914 although the ECC will
remain open on those days. The ECC may close due to furlough days or other causes,
and the City of Fort Worth, does not represent to Participating, City that the ECC will be
open on any plarticullair 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.
Intedocal Agreement—Household Hazardous Waste Program Page 15 of 21
C. Notifying Residents
Participating City agrees to notify its residents of the ECC's hours of operation and dates
it will be closed., Participating City also may advertise the 24-hour Environmental
Collection Center telephone number: (817) 871-5257,
10.
COMPENSATION
As fair compensation for the services provided by Fort Worth pursuant to this Agreement:
A. Participating City agrees to pay Fort Worth the sum of $47.00 per household pier 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
originated.
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 remedi�ation 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,
13, 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 total cost of spill
response charged to Participating City, if any.
F. Pursuant to the requirements of Government Code §791.011 i(a)(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.
ARTWORK, "CAPTAIN CRUD AND THE CRIUDDIES,"AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "'Captain Crud" and the Cruddies, ("Bloomer," ""Oifto," "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 belong
Inteirlocal Agreement—Household Hazardous Waste Program Page 16 of 21
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 materials 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
Licensed 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 rights of ownership, in the Licensed Artwork and Promotional Materials,
which rights shall remain 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 writings 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 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" 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
Participating Cities waives, nor shall be hereby deemed to waive, any immunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental powers
and functions, and that the services described in this Agreement are a governmental function.
13.
FORCE, MAJEURE
A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused
to the extent that the delay or failure to perform resulted from a force majeurie 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.
Intedocal Agreement—Household Hazardous Waste Program Page 1 7 of 21
14.
TERMINATION
The parties shall each have the right to terminate the Agreement for any reason, with or without
cause, upon:, thirty (30) days,written notice to the other party. Upon termination, the parties shall
be released from all contractua�l, obligations to the other party excluding "USE OF wAs-rE
DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS' WASTE" "REUSE OF
COLLECTED MATERIALS" and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES,1111 AND
"PROM0111.IONAL 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
u:nenforceability 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, ainid
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 1 8 of 21
SIGNATURE PAGE,
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTHIS
ENVIRONMENTAL COLLECTION CENTER, HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FORT WORTH CITY OF Hurst
By: By
Allan Wee gar
Fernando Costa Printed name.
Assistant City , a get' Title", City Manager
Date:
Date:
APPROVED AS TO FORM APPROVED AS TO FORM
A1 14D LEGALITY.- AND LEGALITY:
Arthur N. Basher City Attorney Assistant ity Attorney
Assistant City Attorney
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Interlo:cal Agreement—Household Hazardous Waste Program
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
lastio 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 Arnount 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 Pa e 2 0 of 21
JAI
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 allo ► a mobile collection,
event on my property to collect household hazardous waste on the 1 20
I hereby give my permission to the City of wind the City of Fort
Worth, to hold a household hazardous waste col,lection 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.
"rherefore, 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,I
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