HomeMy WebLinkAboutContract 44998 CITY SECRETARY � C
CONTRACT'NA._�.�
WTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2014
Oak Leaf
OFFICIAL RECORD
C Iry 31WRITARY
�'ECEIVED OCT 1
6 2G i�
F t r WRTH, rX
II" TERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIROiNiMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PRODRAM
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,
hereina:ter ca,lled, "Fort Worth,," acting by and through Fernando Costa, its duly authorized
Assistant City Manager and the City Of Oak Leaf .1 . hereinafter referred to as
"Participating City" and located in Ellis County, Texas, acting herein by and
through -Craig Wilson, its duly authorized vl,aor
(Name) (Title)
DELIVERY OF NOTICES
Any notices required to be g,i,ven under this Agreement shall be, delivered as follows,
If to Fort Worth:.
Michael A. en e, Assistant Director
TPW— Environmental Management Division
City of Fort Worth
1 00 Throickm rton
Fort Worthy Texas 76102
If to Partigipating CL.-
Craig Wilson, Mayor
301 Locust Drive
Oak Leaf, Texas 75154
OPERATIONAL CONTACTS
Participating City's Operati"onal Contact Persons:
Designated person is Craig Wilson telephone number:, 972-61,7-2660
Mobile phone number(2,4-holur)where he or she can be reached.. 214-769-2542
Email Address.* rnayor2oakleaftexas,oEq
Alternate person is Roinda Quintana telephone number: 972-617-2660
Mobile phone number(24-ho,ur) where he or she can be reached: 972-617-7160
Email Address rquintana@oakleaftexas.org
Interlocal Agreement—Household Hazardous Waste Program Page 2 of 21
VOUCHER UTILIZATION
The Participating, Cityl-,
DOES wish to, use a voucher system for its residents visiting the ECC or a mobile event.
V/ DOES NOT wish to use a voucher system for its residents visiting the ECC, or a mobi!le
event.
If a voucher system will be used onily 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 off'licial voucher must be attached to this agreement.
INVOICE DELIVERY
Invoices to Participating City shall be delivered to
Ronda Quintana
Name
pity Secretary
Department if applicable)
301 Locust Drive
Street Address or 1 01 Box
Oak Lelaf, Texas 75,1541
City,State,ZIP
lquintana@oakleaftexas-org
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
Interlocal Agreement—Househo,ld, Hiazardiou,s Waste Program Page 3 of 21
WIT NESSETH
WHEREAS,1 Texas Government Code, Chapter 7'91, authorizes the formulation of interlocal
cooperation agreements between and among local, governments; and
WHEREAS, Texas Government Code, §79111.0111 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'9- 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
w ill 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 Interlo,cal 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
of the forces of nature,, uncontrolled or uninfluenced by the power of humans and without
human intervention.
Bill, of L.a din, lists the contents of the mobile collection unit.
Environmental Collection Center (ECG means the City of Fort Worth TPW-
Environmental Management Division facility located at 6400 Bridge Street, Fort Worth,
Texas, which is to be used by Fort Worth for the aggregation of household hazardous,
wastes that have been brought to the facility by participating, cities' households for
subsequent recycling, disposal, and/or reuse.
Environmental dauma es means all claims,judgments,, damages, losses, penalties, fines,
liabilities (Including! strict liability), encumbrances, liens, costs, and expenses of
investigation and defense of any claim, whether or not such claim is ultimately defeated,,
and of any good faith settlement or judgment, of whatever kind or nature, contingent or
otherwise, matured or uni-matured, foreseeable or unforeseeable, incl,udin 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 environmeintall
requirements pertaining to same, and including, without limitation:
fnterlocal Agreement—Household Hazardous Waste Program Page 4 of 21
Damages for personal injury and death, or injury to property or natural resource&
I
(b) Fees incurred for the services of attorneys,, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigation or
remedlation 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, remediatilon, removal, response, abatement,
containment, closure, restoration, or monitoring work required by any federal,
state or local governmental agency or political subdivision, or otherwise
expended in connection with the existence of such wastes, or violations, of
environmental requirements, and including without limitation any attorneys 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,
regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans,
authorizations, concessions, franchises, and similar items, of all governmental agencies,
departments, comr-nissions,, boards,, bureaus, or instrumentalities of' the United States,
states, and political subdivisions thereof and' all applicable judicial, administrative, and
regulatory, decrees, ju,dgments, 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,I 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, diisposal, transport, or handling of pollutants,, contaminants,, or
hazardous or toxic substances, materials, or wastes, 'whether solid, liquid, or
gaseous in nature; and
(b) All requirements pertaining to the protection of the health and: safety of
employees oir the public.
Force maieure' means decrees of or restraints by a governmental instrumentality other
than the Parties, acts of God, work stoppages due to labor disputes, or strikes,, failure of
Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for
the conduct of the collection of household hazardous waste, fires, explosions,
epidemics, floods, extreme,weather, riots, war, rebellion, and sabotage.
Household hazardous waste ,(HHW) means any solid waste generated in a household by
a consumer which, except for the exclusion provided for in 40 CF R § 2611.4(b)(1), would
be classified as a hazardous waste under,40 CF R Part 2161.,
Interlocal Agreement—Household Hazardouls Waste Program Page 5 of 21
Manifest means the uniform hazardous waste manifest form(s) that must accompany
shipments of municipal hazardous waste or Class, 1 industrial solid waste.
Mobile collection event means a household hazardous waste collection event by
Participating City utilizing a mobile collection unit.
Mobile Collection Unit (MCC) means a non-self-propelled vehicle used for the periodic
collection of household hazardous, waste by Participating, City,I off-site of the ECC, which,
is transported to the ECC to dispose of the household hazardous waste collected at the
mobile collection event. Mob:iile Collection Units owned by Fort Worth are designed to
hold the hazardous waste of approximately 50,to 75 households.
Particloating fit means the municipality which has entered into this agreement with the
City of Fort Worth.
Particivat,ing, Entities,, when used in the plural, means Fort Worth, Participating City, and
all other entities whhich have entered into initerlocal agreements with Fort Worth for the
ECC household hazardous waste collection program.
Person means an individual, corporation, organization, government, or governmental
subdivision or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste" as that term is defined in Texas Health
and Safety Code §361.003, and including hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwise, the following
al breviationsy as used in this Agreement, shall have the meanings hereinafter.
designated.
CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act,
its amendments, associated case law, and state counterparts.
CPR - cardiopulmonary resuscitation.
DOT- United States Department of Transportation.
ECC — Fort Worth Environmental Collection Center.
EPA - United States Environmental Protection Agency.
HAZCAT- hazardous categorization.
HAZWOPER - hazardous waste operations and emergency response and the training,
certification, and legal requirements associated, therewith.
HM - hazardous materials.
HH'W - household hazardous,waste.
MC U - Mobile Collection Unit.
TCEQ —Texas Commission on Environmental Quality.,
Interlocal Agreement—Household Hazardous Waste Program Page 6 of 21
2.
PURPOSE
The purpose of th,i,s 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 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
collection 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'WORT'H,
Fort Worth agrees to perform the foillowing 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 ail contract(s) with a, waste disposal/recycling firms) for the
handling, collection,, transportation, storage, disposal, treatment, rec,overy, and/or reuse,
of household hazardous waste that is collected at the ECC or during mobile collection
events.
D. Fort Worth, will 0 if requested in writing by Participating City, provide Participating City with
copies of waste manifests for shipments of waste from the ECC.
F. Fort Worth will, if requested in writing by Participating City, provide Participating City a
monthly report of the Participating City's households who disposed of household
hazardous waste at the Environmental Collection Center or a mobile col,lection, event.
Interlocal Agreement—household Hazardous Waste Program Page 7 of 21
F. Fort Worth will issue, a report and an invoice at the end of each, quarter detailing the
number of Participating City's households, that disposed of household hazardous waste,
at the Environmental Collection Center or at mobile collection events.
G. Foirt 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 event to be operated by Fort Worth
personnel using one of Fort Worth's IVICUs or conduct their own mobile collection events
using either Participating City's MCU, or Fort Worth's Reserve: CU (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.0,
If Participating pity 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 T'AC §335.403-
(a), Schieduiling, Events
Fort Worth will begin scheduling mobile collection events for the 2014,
calendar year on January 2, 2"014. To ensure proper notification to TCEQ,1
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 Moblile 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,1 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 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
hall. In the event Fort Worth determines not to send the Fort Worth, Mobile
Collection Unit, Fort Worth shall attempt to notify persons listed herein as
an "Operational Contact"' by the 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 11 S
MCU in accordance with the terms of this Agreement.
(b) Fort Worth agrees to restock the items it removes from Participating City's
IVICU, however, Fort Worth shall only restock items, listed in Exhibit "A"t
attached and incorporated herein as if set forth.
3 Loan of the Reserve Mobile Collection Unit
-rhe reserve MCU is a specially designed and equipped thirty-six (36) foot
gooseneck box trailer and one (1) ton plickup owned by Fort Worth. Participating
City may request the loan of Fort Worth;s Reserve CCU free of charge for use in
a Household Hazardous Waste collection event 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 el-mail at least sixty (60) days prior
to the event date for which the request is made. Fort Worth shall have sole
determlination whether the Reserve CCU' 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, HHl W 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 CCU, a pre-trip inspection for potential
maintenance problems will be preformed by Fort Worth. Also, both parties
Interloc,al 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 were IVICU.
(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 alll property damage,, personal
injury or death caused by Participating City's employees, volunteers,
contractors, or agents and arising out of the use of the Reserve MCCU
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.
.
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 co:llection, 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
gill be accepted at the EC ,, 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.,11
D. Participating City may choose to utilize a, voucher system for its residents, in order for
them 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 ad'dition, 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 Participating City
authorizes the acceptance in writing.
Interlocal Agreement—Household Hazardous Waste Program Page 10 of 21
E. Participating City may submit a written request for a monthly report listing the number of
its city"s household's that have disposed' of househloil'd' hazardous waste at the ECC or a
mobile collection event.
F. Participat'ing 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 eiven�t,
the parties shall agree upon the details of the traffic control, signage, and personnel
assistance.
Go If' a Participating City resident presents waste that was collected from multiple
households, Fort Worth preserves the right to charge the Participating, City based on the
total numbeir of households from which the waste originated even if the resident has only
i
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.
1 1 r1i I
1. Mobile Collection, Events using Participating.CL,s, IVICU, or Reserve MCU
1 Participating City is res,ploins,ibl�e for proper notification to, TCEQ as required by
30 TAC §335.403.
2. Participating City sha�ll 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 commercial,i agricu�lituoral, and industrial sources
all 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 City's M'CU's
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 li ghts)will be segregated into containers,for recycle lies.,
4. After accepting wastes, Participating City's MCU operators shall thoroughly
check each container for proper labeling and identification. If a conta�iner is
properly 'identified, the material will be segregated according to hazard class and
prepared' for packagingi. If al, container does, not have adequate labelinig to permit
identification,, the MCU operators shall then attempt to identify the imaterial from
its physical characteristics using HAZCAT analysis and from information provided
by the household presenting the waste.
5. The Participating City"'a MClJl operators, shall package, all hazardous materials in
I
accoraance with United States Department of Transportation (DOT)
req.0rements, United States Environmental Protection Agency (EPA)
requirements, and' all other applicable federal and state requirements. after aIl
the wastes have been properly identified and segregated, the MCU operators will
reexamine the wastes for compatibility, list them on the container content sheets,1
Initerlocal Agreement—Household Hazardous Waste Program Page 11 of 21
and pack them into drums. 04-based paints and latex paints nts, 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 H�H�W
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
MCU operators, shall complete a Bill of Lading, and shall keep the Bill of Lading
in the c of the truck hauling the MCU during transportation of the HIOW 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 CCU to the ECC, Participating City's MCU operators shall
follow the instructions of Fort Worth regarding the placement of the IVICU 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
Woirth"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 CHI W from the Participating City's IVICU and store the
unit at the EC,C. After being, contacted, Participating City shall pickup, their unit
w ithin 10 days.
9. If Fort W'orth, in its sole discretion, determines that Participating City's IVIc
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 I s MCU or the Reserve MCU occurs
at the ECC While the MCU is still in Participating City's possession, Fort Worth
i
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 firm(s) for the
:1
handling, coil leclJon, transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste, from the ECC.
B. Such firms) shall be required pursuant to the contracts) 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 Wolrth�"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
I
Interlocal Agreement—Househol us d Hazardo Waste IProgram Page 1'2, 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 ornission of contractor,
its officers, agents,, employees, or subcontractors and any other person or entity.
C. THE PARTIES RECO,GNIZE 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 vendor's for used oil, batteries,
antifreeze, and other materials, as it deems appropriate.
7.
REUSE OF COLLECTED, MATERIALS
A., From time,-to-time Fort Worth will make available to residents and businesses of Fort
Worth, as well as, Participating City and res,idents, and businesses of Participating City
for their use, collected household, hazardous waste materials that are s,u�iitabl�el 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
I
Fort Worth prior to, being made available. 'Used antifreeze will have been consolidated in
a barrel, filtered, and pH balanced, and new antifreeze may have been added to the
barrel.
C. In regards to materials accepted by Participating City, its employees, residents,, or any
other persoin 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,
51, 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.
Interloc,al Agreement-Household Hazardous Waste Program Page 13 of 21
Ur-"L
A Participating City shall contact the ESC C manager to arrange a pickup time to obtain
materials. Participating City, agrees that it shall not return to Fort Worth, directly or
i
indirectly, any materials it obtains from Fort Worth under this paragraph.
E INDEMINIFICATION REGARDING REUSED OR RECYCLED MATERIALS,.,
1. IN REGARDS TO REUSED OR RECYCLED MATERIALS ACCEPTED BY
PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS,
INCLUDING, PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS
HARMLESS THE CITY OF! FORT WORTH, AND ALL, OF ITS OFFICIALS, OFFICERS,
EMPLOYEES, AGENTS, AND, VOLUNTEERS, IN BOTH THEIR PUBLIC AND
PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS,
DEMANDS, EXPENSES OF LITIGATION, OR CAUSES, OF ACTION WHICH MAY
ARISE BY REASON OF INJURY TO PERSONS, LOSS OF PROPERTY,, DAMAGE TO
PROPERTY, OR LOSS OF' USE OF ANY PROPERTY , OCCASIONED BY THE
TRANSPORTATION, STORAGE,, HANDLING, USE, AND DISPOSAL BY
PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY
UNDER THIS AGREEMENT FROM FORT WORTH.
2. IF THE PARTICIPATING CITY DOES NOT AGREE, TO THE INDEMNIFICATION
AND WAIVER IN PARAGRAPH E ABOVE, THEN THE PARTICIPATING CITY SHALL,
NOT ACCEPT, NOR ALLOW ANY OTHER PERSON: 'TO ACCEPT ANY OF THE
REUSED OR RECYCLED MATERIALS AND SHALL NOT' BE REQUIRED TO AGREE
TO THE WAIVER IN PARAGRAPH E. Initial here to reject term 7.E.1., and accept
alternate term 7.E.21.
F'. In regards to materials accepted by residents or businesses of Participating Cities,
FORT WORTH MAKES NO REPRESENTATIONS,1 WARRANTIES OR GUARANTIES
0
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;
61, 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
Gi, Participating City shall attempt to inform its res,idents 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 household hazardous waste,:
B. The waste fails to meet other established criteria established by this Agreement, or that
have been established by Fort Worth subsequent to the execution of the Agreement;
C. The individual does not have sufficient identification to establish that he/she is in fact a
resident of Participating City;
D. Participating City has irriplemented a voucher system for its residents to dispose of
waste, and the individual does not have a valid voucher* or.
E. The waste or the individual presents a hazard' to the ECC or to persons or property at
the ECC.
9.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During the term of the Agreement, the ECC's, hours,of operation are as follows:
Thursday and Friday 11.*00 a,.,m., -1- 7:00, pl.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 Holi�day,, Thursday and Friday, November 28,-291, 2013
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 4, 2014 and August 30, 2014 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 particular days. If additional c,loisures due to any cause are necessary Fort
Worth w� ill not,ify Participating City prior to the closure unless due to an unforeseeable
event.
Page 15 of 21
Interlocal,Ag�reement-Household Hazardous W m
aste Progra
C. Notifying Residents
Participating City agrees to notify its residents of the ECCs hours of operation and dates
it will be closed. Participating City also may advertise the 24-hour Environmental
Collection Center tellep,h�one number: (817) 871-5257.
10.
COMPENSATION
As fair compensation for the services ro ridedl by Fort Worth pursuant to this Agreement:
A. Participating City agrees to pay Fort Worth the sum, of $471.0110 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 holu�seholds, Fort Worth reserves the right to, charge the
Participating City based on the total number of holu�sleholl'ds from which the waste
originated.
B
if Fort Worth determines that Participating City's MCU operators improperly packaged
any of the HH1W 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 CU 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 thlis 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 and 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 househoilds,
which participated in the program, repackaging fees, if any; andl the total cost of spill
response charged to Participating City, if any'.
F'. Pursuant to the requirements of Golvernm�ent Code, §791.0111 (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 CRUDDIES,11 AND PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddies (""Bloomer,"" "Otto," "Pesfle,
"Scrub," and "Van Goo"') and the recycling buddies ("Scrappy," "Jugglesil" and "Cana
i
Nlan;a") "Conquer Your Crud," and "Crud Crux*lse,r"', and therefore all ownership rights belong
Intlerlocal Agreement-Household Hazardous Waste Program Page 1 6 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 i City's disposal and
recycling of household hazardous waste pro lgramis., 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 onginal 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"1
which rights shall remain exclus"vely 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 wr�iting 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" fo:r an event, Participating
City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captaiin
Crud' owned by Fort Wolrth�. 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 Cru'di"
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 majeure event, and the
delay or failure was beyond the control of' Fort Worth and not due to its fault or negligence.
Participating City shialil not have, and hereby waives, any claim whatever for any damages
resulting from delays or failure to perform caused by a force majeure event.
Page 17 of 21
Interlocal Agreement—Household Hazardous Waste Program
TERMINATION
The parties shall e' c have the right to terminate the Agreement for any reason, with or without
cause, upon thirty, 3 days written notice to the other party Upon termination, the parties ,shall
he released from all contractual obli ations to the other party excluding "'USE ' WASTE
I POSA Cam' C LING F'IRI S FOR HOUSEHOLD HAZARDOUS WASTE"" �� iS F
C OLLECTE � ERIALS and '""A T CORK, ""APT IN RUD AND THE CR D�IES,�, it l
"PROMOTIONAL MATERIALS LICENSE AGREEMENT 11 and any terms and condlitions arising
from events occurring during the term of the contract
151.
ENTIRETY
This Agreement contains all commitments and Agreements f'the parties heretic,, and no other
oral or wrift n commitments shall have any force or effect if not contained herein, except thiait.
this Agreements 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 he invalid, illegal, or unenforceable in any respect", such invalidity, illegality, or
unenferceahility shall net effect any ether provision thereof and this Agreement shell be
construed as if such invalid, illegal, or unenforceable prC visions had never been contained
herein..
17.
VENUE
Should any action, real or asserted, at law or in equity, ,prise out of the terms and condiitions of
this Agreement, venue for said action shall be in Tarrant County', Texas.
18.
AUTHORITY
This Agreement is mode for Fort 'worth and (Participating City as an Interlecal Agreement,
pursuant to Texas Government,Code, Chapter 791
19.
AUTHORIZATION
The undersigned officers and/or agents of the parties hereto are properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto, and
each arty hereby certifies to the other that any necessary resolutions extending such authority
have been duly passed and are now in full force and effect.
Int rlocal Agreement. Household Hazardous Waste Program Page 18 of 21,
SIGNATURE PAGE
INTERLOCAL AGREEMENT FOR PARTICIPATION IN F'ORT'WORT'HS
ENVIRONMENTAL COLLECTION CENTERy HOUSEHOLD HAZARDOUS WASTE PROGRAM
,CITY OFFORTWORTH CITY OFO,ak Leaf
By: By:
Crai ilson
Fernando Costa Printed namd\-Er ,
Assistant Ci M
tle. or
Tiay
WW713 1 -.
Date: I Date. IaZ 2.L�i
APPROVED!AS TO FORM VED AS T RIVI
AND LEGALITY: �EG, I
...........
Arthur N. Bashor 50 ity'Attorney As,s,i�stant City Attorney
Assis,ta lit City Attorney j
0
law
TTEST:
A-UEST:1
r City Secretary""""",..,*...��""/
A Le
v g O AI-%,
City Sec Try
.............................................................
Contract Authorization
a 0 ............ %
X
Date
Cou
OFFICIAL,RECORD
CITYSECRETARY
FTv WORTH, TX
Interlocal Agreement—Household Hazardous Waste Program! Page 119 of 21
Exhibit"A"
RESTOCKING LIST' F'OR THE MOBILE COLLECTION U IT
Material Amou nt Restocked Special Needs Remark
55 gallon open top Amount taken off the
drums(open top for trailer
loose packsL
5�5 gallon dlrums(closed Amount taken off the
top)(oil, antifreeze, bulk trailer
flammable materials
a nd one extra
Fiber drums(55 or 30 Amount taken off the
gallon)Aerosols, acids, trailer
bases a�nd oixid�izers
Gaylord hoar liners Amount taken off the
leistio trailer
55 galllon drum liners Amount taken off the
trailer
5 gallon buckets Amount taken off the
ilters haz chemicals trailer
Survey Forms Amount taken off the
trainer
Labels/drum placard Amount taken off the
trailer
Gaylord boxes Amount taken off the
trailer
Absorbent pads Amount taken off the
trailer
Vermiculite Amount taken off the
trailer
oil dry Arrmiount taken off the
trailer
Promotional l Materials& Amount needed
roohuras
"�u � of
Interlooal Ar r er~nont—Household H' azardous Waste Program �
Exhibit "B"
WAIVER AND RELEASE OF. LIABILITY l LL CTI.. N OF HOUSEHOLD
H�AZARDOUS WASTE
I being the owner of property located at
have been asked by the City of to ai'llo w a moblile collection
event on my property to colllect household hazardous,waste on the 1 1 2
I hereby give my permission to the City of and the City of Fort
Worth, to hold a household hazardous waste collection event on my property in which the City
of has asked the City of Fort Worth to send, its moblilo
collection unit to, collect the household hazardous waste that is brought to the event.
Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City, of
Fort Worth or its officers, agents, and employees and the City of
and its officers, a� !ents, and! or em lolyeo for any, and all claims,, demands, liability, causes of
action, actions, or suits of any character that I may have against the City of Fort Worth or its
officers, agents, and/or employees and the City of or its officers,
agents, and/or employees for any property loss or damage, for any and all personal injury
including death or any other damage of any kind or character which may arises or that arises
from allowing the City of to hold) a household hazardous waste
collection event, in which the City of Fart Worth sends its mobile collection unit on my property.
I have ready this Waliver 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 Cate
I'n erlocal Agreement- Household Hazardous Waste Prograrn 'Page 21 of 2