HomeMy WebLinkAboutContract 44999 CITY g �
CONTRACT
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER
HOUSEHOLD HAZARDOUS WASTE PROGRAM
FY2014
City of Kennedale
OFFICIAL RecoRD
CITY SECRE1,P�iRY
FTo WOW, , 0, , Irx
RECEIVED OCT 1 � 2013 ____ __
INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTHS,
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 Kennedale ,, hereinafter referred to as
"Participating City" and located in Tarrant County, Texas acting herein by and
through Bob Hart its duly authorized City Manager
(N,arne) (Title)
DELIVERY OF NOTICES
Any notices required to be g*iven under this Agreenientshall be delivered as follows,.:
If to Fort Worth*.
Michael A. Lange, Assistant Director
TPW— Environmental Management Division
City of Fort Worth
1000, Throckmorton
Fort Worth, Texas 76102
If to Participating C,ity:
City of Kennedale
,405 Municipal Drive
K nnedale, TX 76 6O
OPERATIONAL CONTACTS
Participating City's Operational Contact Persons:
Designated person is'. Amy Owens telephone number, 817-985-2122
Mobile phone number(24-hiour) where he or she can be reached, 682-365-0059
Email Address, aowens@ci! fkennedale.com
Alternate person is Larry Ledbetter telephone number- 817-985-2602
Mobile phone number (24-hour) where he or she can be reached.-
Email Address: Iledbetter@cityoNenneda le-co m
Interlocal Agreement--Household Hazardous Waste Program Page 2 of 21
VOUCHER UTILIZATION
The Participating City.-
IV/ 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 ECC o�r a mobile
event.
If a voucher system will be used only residents with an official voucher provided by Participating
City will be allowed to drop wastes off at the ECC or at mobile events in Participating City. A
copy of the official voucher must be attached to this agreement.
INVOICE DELIVERY
Invoices, to Participating City shall be delivered to.-
City of Keene
Name
Amy Owens
Department if app,Fi c--a—b I
405 Municipal Dr
Street Address or PO Box
Kelpne le, TX 76060
City,State,ZIP
.,aowens@cityofkenneda1e.com
mail 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-Household Hazardous Waste Prog,ram Page 3 of 21
a
WITNESSETH
WHEREAS, Texas Government Code, Chapter 791 authorizes the formulation of intorlooal
cooperation agreements between and among local governments; and
WHEREAS, Texas Government Code, § provides that a local government may contract
with another local government to perform, governmental functions and services, and
§ defines waste disposal as a governmental function and service; and
WHEREAS, Texas Government Code, §791.o25 provides that a local government may agree
with another local government to purchase services; and
WHEREAS, Fort Worth and participating City desire to eater into an iinterlooal agreement
whereby Fort 'worth will, purchase the services of a waste disposal/recycling' tarn or firms and
will administer,a household hazardous waste collection program and
WHEREAS, Fort Worth and Participating City mutually desire to be s,uibject to the provisions of
Texas Government Code, Chapter 791, also known n as the Interlooal Cooperation Act.
1 W 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 La lists the contents of the mobile collection unit.
Environmental Collection Center EC
means the City of Fort Worth TP
Environmental Management, Division facility located at 6400 Bridge Street, port Forth,
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 ental dam means all claims, judgments, damages, losses, penalties, fires,
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 j of whatever bind or nature, contingent or
otherwise, matured or un- natured,, foreseeable or unforeseeable, including without
limitation reasonable attorneyP"s tees and disbursements and consultant's fees, any of
which are incurred subsequent to the execution of this Agreement as a result of the
handling, collection, transportation, storage, disposal,, treatment, recovery, and,/or reuse
of ,waste pursuant to this Agreement, or the existence of a violation of environmental
requirements, pertaining to same, and including without limitation,
lnterlocal Agreement Household Hazardous Waste Program Page 4 of 21
(a) Damages for personal injury and death, or injury to property or natural resources;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts,
laboratories and all other costs incurred in connection with the investigation or
remediation of such wastes or violation of environmental requirements including,
but not limited to, the preparation of any feasibility studies or reports or the
performance of any cleanup, remediiation, 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 requiremients, and including without limitation any attorney's fees,,
costs and expenses incurred in enforcing this Agreement or collecting any sums
I
due hereunder; and
(c) Liability to any third person or governmental agency to indemnify such person or
ageincy for costs expended in conneict�ion with, the items referenced in
subparagraph (b) herein.
Environmental -requirements means all appilicable present and future statutes,
regulations, rules, ordlinances, codes, licenses, permits, orders,, approvals,, plans,
authorizations, concessions,, franchises, and similar items,, of all governmental agencies,
departments, commissions, boards, bureaus, or instrumentalities of the United States,
states, and political subdivisions thereof and all applicable judicial, administrative, and
regulatory decrees, judgments, and orders, relating to the protection of human health or
the environment, including without limitation,
(a) All requirements, including but not limited to 'those pertaining to reporting,
licensing, permitting, investigation, and remediation of emissions, discharges,
releasesf 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
waiter, or land, or relating to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport,: or handling of pollutants, contaminants, or
hazardous or toxic substances, materials, or wastes, whether solid, liquid, or
gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of
employees or-the public.
Force rrrafieur 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
F o rt Wo rt h 11 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 (HHVv
� means any solid waste genera ted in a household by
a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would
be classified as a hazardous waste under 40 CFR Part 261,
Inteirlocall Agreement—Household Hazardous Waste Prograni Page 5 of 21,
Manifest means the uniif'orm hazardous waste manifest form(s) that must accompany
shipments of munici, l hazardous waste or Class 1 industrial solid waste.
Mobile collection, event means a househ�old hazardous waste collection event by
Participating it utill,izing a mobile collection unit.
Mobile Collection Unj_('CCU I means a nion-self-propelled vehicle used for the periodic
collection, of household hazardous waste by Participating City, off-site of the EC C, which
is trains ported to the ECC to dispose of the househ oil d hazardous waste collected at the
mobile collection elvent,. Mobile Collection Units owned by Fort Worth are designed to
hold the hazardous, waste of approximately 50 to 75 hiouseholds,.
Participatin-q Citv means the municipality hich has entered into this agreement with the
City of Fort Worth.
Pa_rfici,pa tin g Entities, when used in the plural, means, Fort Worth, Participating City, and
all other entities which have entered into interloca,l agreements,with Fort Worth, for the
E household hazardous waste collection, program.
Person means, an individual, corporation, organization, government, or ernmental
subdivision or agency, business trust, partnership, association, or any other legal entity.
Waste has the same meaning as "solid waste It as that term, is defined in Texas Health
and Safety Code §361.0031, and incluldin,ig hazardous substances.
B. Unless a provision in this Agreement explicitly states otherwis , the follo inig,
abbreviations, as used in this Agreement,, shall have the meanings, hereinafter
designated.
CERCL,A - Comprehensive Environmental Response, Compensation, and Liability Act
its amendments, as,s,oci ted case law, and state counterparts.
CPR - cardiopulmonary resuscitation.,
DOT - Ulnilteld States Department of Transportation.
ECC - Fort Worth Environmental Collection Center,
EPA - U'nited States Environmental Protection Agency.
HAZCAT - hazardous, categorization.
HAZWOPER - hazardous waste operations and emergency response end the trainingf
certification, and legal requirements associated therewith.
HM - hazardous materials.
HHW- household hazardous waste.
MCU - Mobile Collection Unit.
TCEQ -Texas Commission on Environmental Quality.
Interlocal Agree tint,-Household Hazardous Waste Program Page 6 of 21
2.
PURPOSE
The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by
Fort Worth to Participating City whereby, Subject to the terms, and conditions specified below)
Fort Worth will administer and supervise a regional household hazardous waste colilection
i
program, which will be available to household's 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, 20114-1 a
however) the duties nd
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 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.
E. 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 collection event.
Interlocal Agreement—Household hazardous Waste Prog,ram 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, event 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 MC U 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.
I Fort Worth Operated Events-
If Participating City would like to schedule a mobile collection event with the Fort
Worth Mobile Collection Unit, Participating City shall contact the ECC, as soon as
possible for a list of available dates. The time and location, shall be agreeable to
both parties. Participating City may schedule one mobile collectioln event each
contract year. Fort Worth will file notification of the event with TCEQ as required
by 30 TAC §1335,4031.
(a) Scheduling Events
Fort Worth will begin scheduling mobile collection events for the 2014
calendar year on January 2, 2014., To ensure proper notification to TCEQ,
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 (610) 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 (6o) 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 househo�lds arrive at the event than Fort Worth can
accept, Participati'n�g, City wil�l 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 ait the ECC, Participating City
acknowledges and agrees that if it requests the Fort Worth Mo�blile
Collection Unit at a mobile collection, event, a Participating, City's MCU
shall not also be ait the event.
(e) Fort Worth, in its sole discretion, will determine whether to send the Fort
Worth Mobile Collection Unit to Participating City's Co�llection Event
during adverse weather, the threat of adverse weather, or other
hazardous conditions including but not limited to sleet, snow, rain, mist or
hail. In the event Fort Worth determines not to send the Fort Worth Mobile
Collection Unit, Fort Worth shall attempt to notify persons listed here�in, as
an "Operationial Contact" by the Participating City and shall attempt to
send a Fort Worth, employee to the Participating City'l s, event to tell any
residents th�iat corne to dispose, of household hazardous waste that the
Fort Worth Mobile Collection Unitwill 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 prov,ided.
2. Participating City, Mobile Collection Unit.-
(a) Fort Wolrth ag,reles to accept household hazardous waste from mob�ile
collection events conducted by, Participating City using Participating C,ity S
M�CU 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 Unlit
The reserve MCU is a specially designed and equipped thirt�ly-six (36), foot
gooseneck box-trailer and one (1) ton, pickup owned by Fort Worth. Participating
City rnay request the loan of Fort Worth's Reserve MiCU free of charge for use in
a Household Hazardous Waste collection evenit 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 HH'W. 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. Foirt Worth shall have solle
determination whether the Reserve MCU is available for use by Participating Cilty
and shall, notify Pa,rticipatin,g, City as soon as is reasonably prac,ti,ca,ble of such
decision. Foil Worth shall not participate in nor be responsibile for any part of the
Participating City's HHlW' Collection Event unless and except, by written mutual
agreement.
(a) Fort Worth shall disclose any known problems the Reserve MCU may
have in performing the tasks necessary for the, HHW Collection Event.
Prior to issuance of the Reserve MCU�, a, pre-trip inspection for potential
maintenance problerns will be preformed by Fort Worth. Also, both plartie�s
Interlocal Agreement—Household Hazardous Waste Program Page 9 of 21
will complete a pre-trip aesthetic assessment. Participating City shall be
responsible for all certifications and insurance necessary for the proper
operation of the Reserve MCU.
I
(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, volu,nteers,
contractors, o:r 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 pa,rti,es 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. Siich advertising shall include the type of wastes that
will be accepted at the ECC, the requirement of proof of residency, and weather
cancellation information.
C. Participating City shall notify its residents of the ECC hours of operation and dates it is
closed as provided in Section 9 "The Environmental Collection Center Hours of
Operation.if
D. Participating City may choose to utilize a voucher system for its residents, in order for
them to br�ing 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, Partic,iplatinig 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 1 0 of 21
E. Participating City may submit awritten request for a monthly report listing the number of
its city's households that have disposed of household hazardous waste at the ECC or a
mobile collection event.
F. Participating City shall provide traffic control and s,ignage 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, mu'litiple
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 USiM Partic,ipating-Cit CU or Reserve "IC U
Participating City is responsible for proper notification to TCEQ as required by
30 TAC §335.403-
2. Participating City shall advise the ECC at least 72 hours in advance of its mobile
collection events. Participating City shall collect only HHW during a mobile,
collection event. Wastes from commercial, agricultural, and industrial sources
shall not be accepted. Participating City shall not accept compressed flammable
gas containers; radioactive materials; expilosives, or potentially shock sensitive
materials; biological, etiologilc, or infectious materials; or any other wastes that
Fort Worth has determined, are unacceptable.
3. lin accordance, with the latest DOT requirements, Participating City's, MCU
operators will properly categorize, package, mark, label, and load into the MC U,
all wastes received l 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 M:CU operators shall thoroughly
check each container for proper labeling and identification. if a container is
properly identified,, the rnaterial will be segregated according to hazard class and
prepared for packaging. If a container doles not have adequate labeling to permit
identification, the MC U operators shall then attempt to identify the material from
its physical characteristics using H,AZCAT analysis acrd from in,forma,tion 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 M'CU operators will
reexamine the wastes for compatibility, list them on the container content sheets,
linterlocal Agreement—Household Hazardous Waste Program Paige 11 of 21
and pack them into drums. oil b, paints and latex paints shall be bulked
separately in 55-ga,l,lon, 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,-HH,W waste collected at the event.
6. Prior to transporting the H from the collection event site, Participating City's,
MC U 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 IVICU operators shalil placard the MCU
for transportation of hazardous waste in accordance with federal and state law.
8. Upon the return of the IVICU 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 IVICU 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, IVICU and store the
unit at the ECC. After being contacted, Participating City shall pickup their unit
within 10 days.
9. if Fort Worth, in its sole discretion, determines, that Participating City's MC,U
operators improperly packaged any of the HHW delivered to the ECC, Fort Worth
shall repackage such waste, and Participating City shall reimburse Fort Worth as
set forth herein.
10. If a spill, emanating from the Participating City's MCU or the Reserve IVICU occurs,
at the ECC while the IVICU is still in Participating City's possession,, Fort Worth
shall' take control of the splill 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
handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse
of household hazardous waste, from the ECC.
B. Si-jch 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 ornission of contractor, its
officers, agents, employees, or subcontractors, or the joint act or omission of contractor,
its officers, agents, employees, or subcontractors and any other, person or entity.
C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED,
TO, ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE
PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW
AND STATE, LAW. Fort Worth, will arrange for recycling vendors for used oil, batteries,
antifreeze,, and other materials, as it deems appropriate.
7.
REUSE OF COLLECTED MATERIALS
A. From time-to-tine Fort Worth will make available to residents and businesses of For
Worth, as well as, Participating City, and residents and businesses of Participating City
for their use, collected household hazardous waste materials 'that are suitable for reuse,
such as paint, fertilizer', motor oil, and antifreeze. Fort Worth shall not charge for any
materia,ls 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 availabille. Used antifreeze will have been conso'lidated in
a
barrel,: filtered, and pH balanced, and new antifreeze may have been added to the
barrel.
C. In regards to materials accepted by Participating City,, its employees, residents,, or any
other person FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES, OR
GUARANTIES THAT:
I. 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 oaf the container have been stored pro perly�-�
1
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 11 3 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 Wo�rth, directly or
indirectly, any materials it obtains from Fort Worth under this pai,ragraphi.
E. IND,EMINIFICATION 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 F' 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 OFINJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO
PROPERTY, OR, LOSS OF' USE OF ANY PROPERTY OCCASIONED BY THE
'TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY
PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY
UNDER THIS AGREEMENT FROM FORT WORTH.
2. IF THE PARTICIPATING CITY' DOES NOT AGREE TO THE INDEMNIFICATION
AND WAIVER IN PARAGRAPH E ABOVE, THEN THE PARTICIPATING CITY SHALL
NOT ACCEPT, NOR ALLOW ANY OTHER PERSON TO ACCEPT ANY OF THE
REUSED OR RECYCLED MATERIALS, AND SHALL NOT BE REQUIRED, TO AGREE
TO THE WAIVER IN PARAGRAPH E. Initial here to, reject term 7-E.1. and accept
alternate term 7.E.2.
F. In regards to materials, accepted by residents or businesses of Participating Cities,
FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES
THAT
1. the container contents, are what the label indicates,
2. the container contents are those originally placed into the contain er by the
manufacturer,
1
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 s,ti,lil approved for use (i.e., it has nolt been banireed or recalled); and
8. the product can be used without risk to persons, property or the enviroinment.
FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
SPECIFICALLY DEN,IE,D.
Interlocal Agreement—Houisehold Hiazardolus,Waste Program Page 1 4 of 21
G. Participating City shall attempt to inform its residents and businesses that if they, go to
the Environmental Collection Center to pick up household hazardous, waste for reuse, a
release of liability must be signed to accept the household hazardous waste for reuse.
8.
RIGHT TO REFUSE WASTE
Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the
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 it 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 et
the ECC.
91.
ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS
OF OPERATION
A. Hours of Operation
During, the term of the Agreement, the ECCs hours of operation are as follows.-
Thursday and Friday 11 1:00 a.m. 7:00 p.m.
Saturday 9:00 a.m. -- 3-00 p.m.
B. Days the Environmental Collection Center wild be closed
During the term of the agreement, the ECC will be closed on the following holidays, that
are observed on days the ECC woluld otherwise be open to the public-1
Thanksgiving Hiollidayy, Thursday and Friday, November 28-29, 2013
Independence Day, Friday, July 4, 2014
In addi:ltioln to the above closures Fort Worth employees will riot be available to conduct
mobile collection events, on May 241 2014 and August 30, 2014 ailthough 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 closures due to any cause are necessary Fort
Worth will notify Participating City prior to the closure unless due to an unforeseeable
event.
Interlocal Agreement- Household, Hazardous Waste Program Page 15 of 21
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 telephone number: (8 17) 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 per visit to
the ECC or per participating household in a Mobile Collection Event) to dispose of
household hazardous, waste. If a Participating City resident presents waste that was
collected from multiple households, Fort Worth reserves the right to charge the
Participating City based on the total number of households from which the waste
originated.
B. If Fort Worth determines that Participating City's MCCU 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
EC C while the MC U is still in Participating City's possession, Fort Worth shall take
cointroll 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 remediatilon 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' ot,
:g City shall pay r
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 coillection 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 (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.
111.
ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AN11D PROMOTIONAL MATERIALS
LICENSE AGREEMENT
Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer,"' "Otto," "Pestie,
"Scrub," and "Van Goo"'), and the recycling buddies ("Scrappy," "Juggles," and "Cana
Nana"') "Conquer Your Crud," and "Crud Cru:iser", and, therefore all, ownership rights belong,
Interlocal 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 writing to obtain written consent before modifying
or changing any artwork and/or promotional materials.
C. If Participating, City desires an actor to portray "Captain Crudi" 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.
11 2.
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 irrimunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental powers
and functions,, and that the services descrilbed in this Agreement are a governmental function.
13.
FORCE EU,RE
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 negiligience.
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,
Interlocal Agreement--Household Hazardous Waste Program Page 17 of 21
1 4.
TERMINATION'
The parties, shall each have the right to terminate the Agreement for any reason, with or without
cause, upon, thirty (30) days written notice to the other party. Upon termination, the parties shall
be released from all contractual obligations to the other party excluding "USE OF WASTE
DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE)I "REUSE OF
COLLECTED MATERIALS W1 and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES,," AND
"PROMOTIONAL, MATERIALS LICENSE AGREEMENT" and any terms and conditions arising
from events occurring during the term, of the contract
15.
ENTIRETY
This Agreement contains all comm�itm:ents and Agreements of the parties hereto, and no other
oral or written commitments. shall have any force or effect if not contained herein:, except that
this Agreement can be amended or modified by the parties if such amendment or modification is
in writing and signed by Participating, City and Fort Worth.
16.
SEVERABILITY
In the event anyone or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provisions had never been contained
herein.
17.
VENUE
Should any action, real or asserted, at law or in equity, arise out of the terms and conditions, of
this Agreement, venue for said action shall be in Tarrant County, Texas.
18.
AUTHORITY
This Agreement is made; for Fort Worth: and Participating City as an Interlocal Agreement,
pursuant to Texas Government Code, Chapter 791.
19.
AUTHORIZATION
The undersigned officers and/or agents of the parties, hereto, are properly authorized officials,
and have the necessary au,tho!rity to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending such authority
have been duty passed and are now in full, force and effect.
Interlocal Agreement-Household Hazardous Waste Program Page 1,8,of 21
0"'IGNATURE PAGE
INTERLOCAL, AGREEMENT FOR PARTICIPATION IN FORT WORTH'S
ENVIRONMENTAL COLLECTION CENTER, HOUSEHOLD HAZARDOUS WASTE PROGRAM
CITY OF FOIST WORTH CITY OF City of Ker edale
By- By.-
Fernando Costa Printed name:
Assistant an er Title-
Cate- 7oa Date:
APPROVED AS TO FORM APPROVED AS, TO FORM
AND LEGALITY: AND LEGALITY-
Arthur N. Bashor Attorney Assistant City Attorney
Assistant City Attorney >0
0,00000
TEST:
ATTEST:-., AT
'oA
Mary J. K City Secretary
City Secretary
Contract Authorization
OLWY-3
Date
Interlocal Agreement—Household Hazardous Waste Program 21
OFFICIAL RISCORD
CITY SEICRffARY
FTv WORTNj TX
Exhibit "A"
RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT
Materiall '—Amount Restock Special Needs Remarks
55 galilon open top i Amount taken off the
drums (open top for trailer
loose packs),
551 gallon diru�ms(closed Amount taken off the
top) (oil, antifreeze, bulk trailer
flammable materials
and one extra)
F'iber drums(55 or 30 Amount taken off the
gallon)Aerosols, acids, trailer
bases and oxidizers)
Gaylord box liners Amount taken off the
Plastic l trailer
55 gallon drum liners Amount taken off the
trailer
5 gallon buckets Amo nt taken off the
�filters,/halz chemicals).,_ trailer
S,urvey Forms Amount taken off the
trailer
Labels/drum placard Amount,taken ff the
trailer
Gayloird boxes Amount taken off the
trailer
Absorbent pads Amount taken off the
trailer
Vermiculite F---Amount taken off the
trailer
Oil dry Amount taken of the
trailler
Promotional Materials & Amount needed
Brochures A
Interlocal Agreement—Household Hazardous Waste Program Page 2 0 of 211
Exhibit 11 11
WAIVER AND RELEASE F LIABILITY FOR COLLECTION OF HOUSEHOLD
L
HAZARDOUS, WASTE
I being the owner of property located at
have been asked by the City of to allow a mobile collection
event on my property to collect household hazardous waste on the , 2110
I hereby give my permission,, to the City of and, the City of Fort
Worth, to hold' a household hazardous waste calle tion event on my property in which the City
of has asked the City of Fort Worth to send its mobile
collection unit to collect the household hazardous waste that is brought to the event..
Therefore, l 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'+ r 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 t=ort Worth or its
officers, agent, and/or employes and the City of or its officers,
agents, and/or employees for any property loss or damage, for any and all personal injurer
inc,luding death or a'n r 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 read this Waiver and Release and fuller understand its trans and conditions. I have not
been influencedl in any extent whatsoever by any representation or statements not contained in
this agreement..
Signature late
Witness late
lnterlocal Agreement—Household Hazardous Waste Program Page 21 of 21
10 moll
IN